Legal Question in Wills and Trusts in New York

Re: Giving consent for a spouse

The waiver is only binding on the signatory, unless the signatory signs in a representative capacity (e.g., a guardian for minor children). A subsequent litigation may raise these questions and, depending upon the nature of the claim, you could anticipate that some litigation may arise if there is a claim and defense asserted in the future.

Re: Giving consent for a spouse

Only the party signing the agreement that you described would be bound by its provisions. It could not obligate a non-signer.

Re: Giving consent for a spouse

Although not binding on the spouse or children, their initiating a claim would result in disinheriting the daughter

Re: Giving consent for a spouse

This is a good law school examination question. I believe I can give you some definite answers.

Absent fraud or an illegal purpose, if the spouse or children initiate a legal action against the mother or business of the mother, then the daughter will lose the part of her inheritence not controlled by law.

This does not mean that these persons may not bring an action, but only that the codicil will be given effect if they do. If they bring an action, the daughter may lose the greater part of her inheritence under the will.

However, if there is no will or the will is invalid, then the codicil will have no effect.

Also, if the action by the spouse/child of the daughter is based on a fraud against them or their interests, then the codicil will probably not be given effect. The daughter will inherit.

I hope my response has been helpful. You are welcome to a longer consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call (646) 591-5786 for an appointment first.