Wills- Family Changes After Will Executed

Front 1

Changes in Testator's Family After Will is Executed

Back 1

Testator Marries

Testator Unmarries

Testator's Child is Born/Adopted

Front 2

Testator Marries After Will is Executed

Back 2

Marriage after the execution of a Will has no effect on the validity of the Will, BUT

it may affect gifts and dispositions under the Will.

i.e. elective share

Front 3

Testator "Unmarries" After Will is Executed

Back 3

If Court renders a final decree of divorce, annulment or separation after execution of Will:

ALL gifts and fiduciary appointments in favor of former spouse are revoked by operation of law.

Will is read as if former spouse predeceased T.

Front 4

Testator "Unmarries" Exceptions

Back 4

1. fiduciary appointments in favor of the issue of the former spouse are NOT revoked

2. Appointment of former spouse as guardian of couple’s children is NOTaffected.

3. If couple reconciles and remarries, ALL provisions in favor of former spouse

are restored.

Front 5

Effect of Seprartion Agreement

Back 5

Agreement by itself NOT sufficient for revocation of former spouse's gifts and fiduciary appointments

Front 6

Effect of Divorce Application

Back 6

Application by itself NOT sufficient for revocation of former spouse's gifts and fiduciary appointments

Front 7

Testator's Child is Born or Adopted After Will is Executed

Back 7

EPTL protects pretermitted cihldren who are

1. NOT provided for by any settlement AND

2. neither provided for nor mentioned in Will

Front 8

Children Board or Adopted After the Will is executed.

Back 8

Pretermitted Children

Front 9

One or More Children When Will Executed

Back 9

1. if no provision made for any children, pretermitted child inherits nothing.

2. if provision for other children,

pretermitted child shares in amount (class gift)

3. if limited provision to living children at time,

pretermitted child takes intestate share

4. if different provision for each child,

pretermitted takes proportionately from others

Front 10

One or More Children When Will Executed

NO provision for any

Back 10

pretermitted child inherits nothing.

Front 11

One or More Children When Will Executed

Provision for all children

Back 11

pretermitted child shares in amount (class gift)

Front 12

One or More Children When Will Executed

"limited provision"

Back 12

pretermitted child takes intestate share

Front 13

One or More Children When Will Executed

Different provision for each child

Back 13

pretermitted child takes proportional share from other children.

add up all the amounts together and divide equally by number of children including afterborn.

Front 14

No Children When Will Executed

Back 14

Pretermitted child takes intestate share

Front 15

Provision By Settlement

Back 15

includes

life insurance policy

Front 16

Pretermitted Child Share

Back 16

Comes from other beneficiaries