New York Law (NYLE) Practice Exam

If a testator has children and one is born after the will was executed, what is that child entitled to?

1. The child is entitled to nothing

2. An equal share to that of siblings

3. An amount equal to one-third of bequests to siblings

4. The entire estate of the testator

The correct answer is: An amount equal to one-third of bequests to siblings

In New York, when a testator has children and one is born after the will was executed, that child is entitled to an amount equal to one-third of the bequests to their siblings. This principle reflects the intention of the law to ensure that all children, including those born after the will's execution, are treated fairly and equitably in matters of inheritance. The reasoning behind this legal framework is based on the idea that a testator may not have had the opportunity to include the later-born child in the will or may have intended to share their estate equally among their children. Therefore, the law provides a mechanism to ensure the newly born child receives a share that is consistent with that of the other siblings, acknowledging their existence even if they were not explicitly named in the will. This option is protective of the rights of children and ensures that no child is disinherited simply due to timing concerning the execution of the will. Other answers offer either no entitlement, a lesser share, or an unreasonable acquisition of the entire estate, which would not align with New York's probate laws that aim to uphold the rights of all children fairly.