Changes in Testator's Family After the Will is Executed

Question 1

Testator Marries

Answer 1

Doesnt affect validity but might affect gifts (due to right of election)

Question 2

Testator “unmarries”

Answer 2

if the court renders a final decree of divorce, annulment, or separation after the execution of a Will, all gifts and fiduciary appointments in favor of the former spouse are revoked by operation of law.
-read the will as if the spouse predeceased T.

• does not affect gifts to issue of ex-spouse
• does not affect guardianship appointments of children
• can be revived by reconciling and remarrying

Question 3

Testator’s child is born or adopted after the will is executed

Answer 3

EPTL does not protect children who are alive when the will is executed

• EPTL only protects pretermitted children who are:
  (1) not provided for by any settlement; AND
  (2) neither provided for nor mentioned in the will

Question 4

If T had one or more children when the will was executed

Answer 4

(1) no provision is made for any children, the pretermitted child takes nothing
(2) will made gifts to the other children, the pretermitted child shares in the amount to the other children as if a class gift was made
(3) It appears that T’s intention was to only make a limited provision to the children living at the time the Will was executed, the pretermitted child takes his intestate share