New York Law (NYLE) Practice Exam

If one witness to a will is a beneficiary, what is true about the will's probate?

1. The beneficiary cannot receive any share of the estate

2. The beneficiary is entitled to take under the will but not more than intestate share

3. The beneficiary may take the full amount bequeathed to them

4. The will cannot be admitted to probate if this occurs

The correct answer is: The beneficiary is entitled to take under the will but not more than intestate share

In New York, when a witness to a will is also a beneficiary, the law stipulates that the beneficiary will not lose their entitlement to inherit under the will but their inheritance is limited by specific statutes. The correct answer highlights that the beneficiary is entitled to take under the will but cannot receive more than what they would be entitled to under the laws of intestacy if the will were deemed invalid. This provision ensures that the presence of a beneficiary as a witness does not invalidate the will itself, thus allowing for orderly distribution of the decedent's estate. However, to prevent potential undue influence or favoritism, the law limits their inheritance to avoid any biases that could arise from their dual role. Hence, a beneficiary witnessing a will does not completely disqualify them from receiving a share of the estate, but it establishes the framework for their entitlement, which is critical for ensuring fairness and clarity in the probate process. In this context, it's important to differentiate the implications of a beneficiary-witness situation from other outcomes like outright disqualification from probate. The answer acknowledges the legal nuances in these circumstances, emphasizing their rights while applying safeguards against potential conflicts of interest.