Spousal Disinheritance in New York

Jessica Baquet has recently published her note entitled Aiding Avarice: The Inequitable Results Of Limited Grounds For Spousal Disqualification Under EPTL Section 5-1.2, 23 St. John’s J. Legal Comment. 843 (2008).

Here is an excerpt from her article:

[T]he bar to spousal disinheritance in New York sometimes protects unworthy individuals whose interests should not be safeguarded.

This note asserts that, in this area, New York law is in dire need of reform. Part I will provide a brief history of the bar to spousal disinheritance. Part II will examine instances in which New York Surrogates were unable to disqualify unworthy spouses because of the narrow provisions of the New York Estates, Powers and Trusts Law (hereinafter EPTL) § 5-1.2. Part II will also discuss societal trends that will soon present additional instances in which a literal application of EPTL § 5-1.2 will lead to inequitable results. Part III will propose amendments to EPTL § 5-1.2 and will describe policy justifications for legislative change. Finally, Part IV will suggest that, in the absence of legislative change, Surrogates in New York should apply the principle of equitable estoppel to prevent unworthy spouses from exercising their rights of election.