Legal Question in Wills and Trusts in New York

An elective share comes into play when the decedent dies leaving a will. If there was no will, intestate succession laws.

As Mr. Slater correctly stated, an intestate share can only be enforced if there WAS a will. If there is no will, the law follows NY's intestate statute, which can be found here: http://codes.lp.findlaw.com/nycode/EPT/4/1/4-1.1

I agree with David, as two separate statutes are involved; one for intestacy (died without a Will but left a surviving spouse) and one for testacy (died with a Will but may have tried to disinherit a spouse). Both protect surviving spouses, with limited exceptions.