New York Estate Powers
& Trusts Law





ARTICLE 3
SUBSTANTIVE LAW OF WILLS

PART 1. WHO MAY MAKE AND RECEIVE
TESTAMENTARY DISPOSITIONS
OF PROPERTY; WHAT PROPERTY MAY
BE DISPOSED OF BY WILL

Section 3-1.1 Who may make wills of, and exercise testamentary powers of appointment over property. 3-1.2 What property may be disposed of by will. 3-1.3 Who may receive testamentary dispositions of property; testamentary dispositions to unincorporated associations.

PART 2. EXECUTION OF WILLS

Section 3-2.1 Execution and attestation of wills; formal requirements. 3-2.2 Nuncupative and holographic wills.

PART 3. RULES GOVERNING TESTAMENTARY DISPOSITIONS

Section 3-3.1 What a testamentary disposition includes. 3-3.2 Competence of attesting witness who is beneficiary; application to nuncupative will. 3-3.3 Disposition to issue or brothers or sisters of testator not to lapse; application to class dispositions. 3-3.4 Consequences of partly ineffective testamentary dispositions of property to two or more residuary beneficiaries. 3-3.5 Conditions qualifying dispositions; conditions against contest; limitation thereon. 3-3.6 Encumbrances on property of decedent or on proceeds of insurance policy on life of decedent not chargeable against assets of decedent`s estate. 3-3.7 Testamentary disposition to trustee under, or in accordance with terms of existing inter vivos trust. 3-3.8 Validity of a purchase of real property notwithstanding its disposition by will. 3-3.9 Testamentary direction to purchase annuities.

PART 4. REVOCATION OF WILLS AND RELATED SUBJECTS

Section 3-4.1 Revocation of wills; effect on codicils. 3-4.2 Agreement to convey property previously disposed of by will not a revocation. 3-4.3 Revocatory effect of a conveyance, settlement or other act affecting property previously disposed of by will. 3-4.4 Conveyance of property of an incompetent or conservatee, previously disposed of specifically by will, not revocation or ademption. 3-4.5 Insurance proceeds from specific disposition not subject to ademption. 3-4.6 Revocation or alteration of later will not to revive prior will or any provisions thereof.

PART 5. RULES GOVERNING WILLS HAVING RELATION TO ANOTHER JURISDICTION

Section 3-5.1 Formal validity, intrinsic validity, effect, interpretation, revocation or alteration of testamentary dispositions of, and exercise of testamentary powers of appointment over property by wills having relation to another jurisdiction.

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