Negative Bequests

Question 1

negative bequests common law

Answer 1

Common law: 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.

rationale: property passing by intestacy is governed by intestacy law, not by the testator’s will.

Question 2

Negative bequests (NY Rule)

Answer 2

Words of disinheritance are given full effect even in partial intestacy.

things to remember: divorce = no taking by ex-husband
the negative bequest might result in the application of anti-lapse doctrine