Wills

Question 1

EPTL §1-2.19

Answer 1

Will an oral declaration or written instrument to take effect upon death, whereby a person disposes of property or directs how it shall not be disposed of, disposes of his body or any part thereof, exercises a power, appoints a fiduciary or makes any other provision for the administration of his estate, and which is revocable during his lifetime.

Question 2

If a will disposes of only part of the probate estate

Answer 2

then the result is partial intestacy

Question 3

Standing

Answer 3

If a family member wants to challenge the will, to have standing they have to know by intestacy that they will receive something

1. Must have a pecuniary interest to have standing to contest the will
2. If there were no will, I would take because I would be an intestate distribute

Question 4

i. In NY, heirs that take through intestate succession are

Answer 4

DISTRIBUTEES

Question 5

ii. Heirs that take property under a will are

Answer 5

BENEFICIARIES

Question 6

e. Heirs Apparent

Answer 6

ii. EPTL §2-1.1Heirs at law and next of kin definedWhenever used in a statute or instrument, unless a contrary intention is expressed therein, the term “heirs”, “heirs at law”, “next of kin” or any term of like import means the distributees (as defined in 1-2.5)