2010 New York Code
EPT - Estates, Powers & Trusts
Article 13 - OTHER PROVISIONS AFFECTING ESTATES
Part 2 - (13-2.1 - 13-2.3) STATUTE OF FRAUDS REQUIREMENTS
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

§ 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.