How can the elective-share rights be waived in New York law?

• A. In writing, signed and witnessed by two friends
• B. Orally with no formalities
• C. In writing, signed, and acknowledged before a notary
• D. Waiver is not permitted under any circumstances

Answer: (C)

In New York, waiving the surviving spouse’s elective-share rights must follow formalities to be valid. The waiver must be in writing, signed by the spouse, and acknowledged before a notary. The notary’s acknowledgment verifies the signer’s identity and confirms that the signing was voluntary, giving the waiver enforceable status. An oral waiver has no documentary proof and cannot meet the statutory requirements, and simply having two friends witness a writing isn’t the formal acknowledgment required. Since waivers are allowed when these formalities are satisfied, the statement that waivers aren’t permitted is incorrect.