New York Law (NYLE) Practice Exam

When a testator includes a specific bequest for two children, what happens if a third child is born later?

1. The third child receives nothing

2. The third child is entitled to equal share of the specific bequest

3. The third child takes the entire estate

4. The third child inherits only what siblings designate

The correct answer is: The third child is entitled to equal share of the specific bequest

In the context of a testator's will, when a specific bequest is made to children, New York law provides certain protections for children born after the execution of the will. If the testator only names two children in the will but later has a third child, that third child is typically entitled to an equal share of the estate, based on the principle of representation among siblings. Specifically, in New York, the law generally deems that a child born after the creation of a will, who is not mentioned, will still inherit alongside the other children unless the testator has explicitly stated an intention to disinherit them. This means that the third child would not simply receive nothing, nor would they inherit the entire estate or only what their siblings might designate. Instead, they will participate in the division of any bequests, potentially equal to the named siblings, thus reinforcing the principle of equal treatment among siblings regarding inheritance. This approach maintains fairness in the distribution of a testator's estate, ensuring that all children are considered and receive an appropriate share irrespective of when they were born.