N.Y. Estates, Powers & Trusts Law § 13-2.1: Agreements involving a contract to establish a trust, to make a

§ 13-2.1 Agreements involving a contract to establish a trust, to make a

testamentary provision of any kind, and by a personal

representative to answer for the debt or default of a

decedent, required to be in writing

(a) Every agreement, promise or undertaking is unenforceable unless it

or some note or memorandum thereof is in writing and subscribed by the

party to be charged therewith, or by his lawful agent, if such

agreement, promise or undertaking:

(1) Is a contract to establish a trust.

(2) Is a contract to make a testamentary provision of any kind.

(3) Is a promise by a personal representative to answer for the debt

or default of his decedent.

(b) A contract to make a joint will, or not to revoke a joint will, if

executed after the effective date of this paragraph can be established

only by an express statement in the will that the instrument is a joint

will and that the provisions thereof are intended to constitute a

contract between the parties.