New York’s Estates, Powers and Trusts Law draws an important distinction between what a will says and what a will actually transfers. EPTL 3-3.1 addresses that distinction directly by defining the default scope of a testamentary disposition.
The Statutory Rule
§ 3-3.1. What a testamentary disposition includes
Unless the will provides otherwise, a disposition by the testator of all his property passes all of the property he was entitled to dispose of at the time of his death.
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Hani Sarji
New York lawyer who cares about people, is fascinated by technology, and is writing his next book, Estate of Confusion: New York.
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