🔑 NY: A Will Is Not a Conveyance

Under New York law, a will is not a conveyance. RPL §§ 240(2), 290(3); In re Loes' Will, 55 N.Y.S.2d 723 (Sur. Ct., Westchester Co. 1945).

RPL § 240(2)

Real Property Law Article 8 provides the law on conveyances and mortgages. RPL § 240(2) excludes a will from the definition of a conveyance (emphasis added):

§ 240. Definitions and use of terms

. . .

2. The term "conveyance," as used in this article, includes every
instrument, in writing, except a will, by which any estate or interest
in real property is created, transferred, assigned or surrendered.

RPL § 290(3)

RPL Article 9 provides the law on recording instruments affecting real property. RPL § 290(3) excludes a will from the definition of a conveyance:

§ 290. Definitions; effect of article

. . .

3. The term "conveyance" includes every written instrument, by which any estate or interest in real property is created, transferred, mortgaged or assigned, or by which the title to any real property may be affected, including an instrument in execution of a power, although the power be one of revocation only, and an instrument postponing or subordinating a mortgage lien; except a will, a lease for a term not exceeding three years, an executory contract for the sale or purchase of lands, and an instrument containing a power to convey real property as the agent or attorney for the owner of such property.

Why is a will excluded from the definition of "conveyance"?