Legal Question in Wills and Trusts in New York

Children do not have an absolute right to share in the estate of a parent who leaves a will. Only spouses are guaranteed a portion of the estate. If there is no will, then children have a right to share in the estate. To successfully contest a will, it is necessary to show either that the decedent was not of sound mind at the time the will was executed or that the will was the product of undue influence. However, the mere fact that a child is not provided for in the will is not in itself grounds to contest a will.

In New York, there is no requirement that a parent leave a child anything in a will. Disinheriting a child does not make a will more contestable, rather it makes it more likely that the child may contest it. However, in and of itself, disinheriting a child does not cast doubt upon the validity of the will.