Review

Question 1

What if member of “generic class” predeceases testator?

Answer 1

Absent a contrary prvn in the Will….

The SURVIVING class members TAKE in equal share

IF NY’s anti-lapse statute applies (i.e. member is ISSUE or SIBLING of testator AND leaves a surviving issue) → the share GOES to the predeceased member’s ISSUE

NOTE: if the gift was “INDIVIDUALLY” named (i.e. not as a class), then the lapsing share will go to the RESIDUARY (unless anti-lapse applies)

Question 2

What is a codicil?

Answer 2

Later amendment OR supplement to a Will that must be executed with the same will formalities as a full Will

EFFECT: Will deemed to have been executed on new date

NOTE: Revocation of a codicil does NOT revoke the underlying will

Question 3

How does one waive their right of election?

Answer 3

SIGNED WRITING (w/ or w/o consideration) that is ACKNOWLEDGED (b4 notary public) and EXPLICIT

(i) BEFORE or AFTER marriage; AND
(ii) as to particular Will or t-sub, or as to ALL Wills and t-subs in general

General waiver (e.g., premarital agmt) of all rights waives right to elective share or intestate share

Specific waiver requires it is explicit, voluntary, and made in good faith.