Legal Question in Wills and Trusts in New York

Re: codicil to will

I have no idea what form you are referring to.

You may decide to not allow a child to inherit property. However, the manner by which a will or codicil is executed is just as important as the language in the document. Just because you sign your name to a piece of paper does not mean that the Surrogate's Court will accept the will in a probate proceeding.

Mike.

Re: codicil to will

Most states allow a child to be disinherited by a simple statement in a Will or Codicil (amendment to a Will) by a simple sentence such as "I am making no provision for my son/daughter (insert name)", with some simple explanation of the reason why, which can be anything from "since we are estranged" to "as I have otherwise provided for him". Some people just leave the person to be disinherited a token amount like $1.00 or so. It is important that the child to be disinherited be at least mentioned in the document as laws protect unnamed children. Two cautions: (1) Whatever type of document used must meet the execution requirements of state law (signature, witnesses and notarization) and (2) Even a vaild document is subject to contest after your death by the disinherited child, so this is still a possibility.