Negative Bequests

Question 1

Common Law (Majority) Rule (NOT NY)

Answer 1

When a Will does not make a complete distribution of the estate (resulting in partial intestacy), words of disinheritance in the Will are ineffective with respect to property passing by intestacy.

Question 2

New York’s Negative Bequest Rule

Answer 2

Words of disinheritance in the will are given full effect in partial intestacy. We treat the disinherited person as if she had predeceased the testator.

NOTE: if the disinherited person is Ts issue or sibling, the anti-lapse statute applies and their issue can take in their place by per capita at each generation representation.