Who may make wills of, and exercise testamentary powers of · as in force on May 31, 2026
§ 3-1.1 Who may make wills of, and exercise testamentary powers of
appointment over property
Every person eighteen years of age or over, of sound mind and memory, may by will dispose of real and personal property and exercise a power to appoint such property.
A person who is at least 18 years old and of sound mind and memory may make a will disposing of real and personal property and may exercise a testamentary power of appointment over property. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.