In New York, holographic will and nuncupative will are generally invalid except when:

• A. Soldier in war until 1 year after discharge
• B. Marine at sea until 3 years after discharge
• C. Recognized under Foreign Wills Act
• D. All of the above

Answer: (D)

In New York, a will normally must be in writing, signed, and witnessed. Holographic (handwritten) and nuncupative (oral) wills are not valid in ordinary circumstances, but there are specific exceptions. One exception allows a soldier in active war service to dispose of personal property by will in a form that would otherwise be invalid, with validity continuing for up to one year after discharge. A parallel protection exists for a mariner at sea, where a nuncupative or holographic will can be recognized and remains valid for up to three years after discharge. A third avenue is recognition under the Foreign Wills Act: a will validly executed under the law of the place where it was executed can be recognized in New York, even if it wouldn’t meet New York’s formal requirements. Since each of these scenarios provides a recognized exception to the general rule, all of the above are valid ways holographic or nuncupative wills can be acceptable in New York.