Is a will hand-written in Chinese a valid will in NYS (Nassau County)?

[Alfred_C]

What is the name of your state (only U.S. law)? New York

My father has hand-written a will in Chinese for a long time. He has been keeping it away from everyone in the family as a secret. Please tell me if this will would be upheld/honored by the Nassau County (NYS) Probate Court. Many thanks for your kind response and additional hyper links/website for further investigation! Al

 

[Dandy Don]

If you speak English, you can ask this question to the Nassau County Surrogate Court yourself, or ask a friend to ask them in your behalf if the friend's spoken English is better than yours: the court is located at 262 Old Country Road in Mineola, NY 11501, phone numbers (516) 493-3772 or (516) 493-3800. It would be smart for your father to also have his will to be written in English and also signed by him, unless you all want to pay a translator after he dies to translate the will. I am guessing that the court will probably accept either version.

You may want to suggest to your father that to make sure his wishes are carried out and to make sure there are no problems with a handwritten will, that he should ask a local probate attorney to look it over for correctness, such as does it need to be witnessed by other witnesses, etc. It is his right to keep it secret if he chooses to do so, so please don't ask him to let you see it, just remind him that he needs to let at least one person know where the will is located so they can find it after he dies.

 

[Zigner]

Holographic (hand-written) wills in New York are only valid under limited circumstances. In a nutshell, if the will is drafted while the person is serving with or accompanying the military during combat, or while the person is a mariner at sea, then a holographic will may be considered valid. I suspect that the OP's father-in-law was none of these.

 

[LdiJ]

What is the name of your state (only U.S. law)? New York

My father has hand-written a will in Chinese for a long time. He has been keeping it away from everyone in the family as a secret. Please tell me if this will would be upheld/honored by the Nassau County (NYS) Probate Court. Many thanks for your kind response and additional hyper links/website for further investigation! Al

You would need an attorney to help you get a properly certified translation as well as the foundation for getting the will accepted by the court, but it would eventually be accepted.

 

[Zigner]

You would need an attorney to help you get a properly certified translation as well as the foundation for getting the will accepted by the court, but it would eventually be accepted.

Wow, I'm amazed that you would say so categorically that a holographic will *will* be accepted in New York State.

 

[LdiJ]

Wow, I'm amazed that you would say so categorically that a holographic will *will* be accepted in New York State.

Do you have any reason to believe that a holographic will would not be accepted? I have never heard of any state in the US where a holographic will would not be accepted.

 

[Zigner]

Do you have any reason to believe that a holographic will would not be accepted? I have never heard of any state in the US where a holographic will would not be accepted.

I could list the ~1,050,000 hits that come up using a Google search for new york holographic will, but it's probably easier for you just to do so...

They are only accepted in limited circumstances (military & mariners).

 

[LdiJ]

I could list the ~1,050,000 hits that come up using a Google search for new york holographic will, but it's probably easier for you just to do so...

They are only accepted in limited circumstances (military & mariners).

This is really interesting Zig. I googled holographic wills and got a lot of the information that you got, including information stating that they were not valid in my state, which I did not believe was true.

Then I googled handwritten wills, and got completely different information. Including the following information for NY:

New York recognizes printed wills, handwritten wills and oral wills. Most wills are printed; the only handwriting elements they may contain are the signatures. Handwritten, or holographic, wills are accepted but the entire will must be written entirely by the testator. No witnesses are required. However, two disinterested witnesses must testify that the handwriting is that of the executor in order for a holographic will to be accepted by the probate court. Nuncupative, or oral, wills are only permitted if the testator was either a mariner at sea or with the armed forces during a time of war or other armed conflict. They require three witnesses who must testify before the court that they were present when the will was made

So, now I am completely confused.

So, my advice to the OP is to get a consult with a NY probate attorney for an opinion as to whether or not your father's handwritten will (in Chinese) is going to be accepted, because the information out there is contradictory.

 

[Zigner]

I suppose one of us should simply post the law:

(from http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO: )

Estates, Powers and Trusts

§ 3-2.2 Nuncupative and holographic wills
(a) For the purposes of this section, and as used elsewhere in this
chapter:
(1) A will is nuncupative when it is unwritten, and the making thereof
by the testator and its provisions are clearly established by at least
two witnesses.
(2) A will is holographic when it is written entirely in the
handwriting of the testator, and is not executed and attested in
accordance with the formalities prescribed by 3-2.1.
(b) A nuncupative or holographic will is valid only if made by:
(1) A member of the armed forces of the United States while in actual
military or naval service during a war, declared or undeclared, or other
armed conflict in which members of the armed forces are engaged.
(2) A person who serves with or accompanies an armed force engaged in
actual military or naval service during such war or other armed
conflict.
(3) A mariner while at sea.
(c) A will authorized by this section becomes invalid:
(1) If made by a member of the armed forces, upon the expiration of
one year following his discharge from the armed forces.
(2) If made by a person who serves with or accompanies an armed force
engaged in actual military or naval service, upon the expiration of one
year from the time he has ceased serving with or accompanying such armed
force.
(3) If made by a mariner while at sea, upon the expiration of three
years from the time such will was made.
(d) If any person described in paragraph (c) lacks testamentary
capacity at the expiration of the time limited therein for the validity
of his will, such will shall continue to be valid until the expiration
of one year from the time such person regains testamentary capacity.
(e) Nuncupative and holographic wills, as herein authorized, are
subject to the provisions of this chapter to the extent that such
provisions can be applied to such wills consistently with their
character, or to the extent that any such provision expressly provides
that it is applicable to such wills.


ETA: This wasn't the easiest thing to find...