New York Law (NYLE) Practice Exam

What can be concluded about a beneficiary who is also an attesting witness of a will?

1. Their bequest will be completely disallowed

2. Their bequest will be reduced to their intestate share

3. Their bequest will remain full if the will is valid

4. Their presence makes the will invalid

The correct answer is: Their bequest will be reduced to their intestate share

In New York law, when a beneficiary serves as an attesting witness to a will, it does not automatically invalidate their bequest. Instead, the rule is that the bequest does remain valid unless the will would not have been executed without their testimony. If the presence of the witness is deemed necessary to establish the validity of the will, then their bequest may be affected. However, in most cases, if a beneficiary is also an attesting witness, their bequest may still be valid under the principle of "purging" -- the will can still be upheld, and the witness can still inherit, but that inheritance will not exceed what they would have received under intestacy laws. This results in the reduction of their bequest to their intestate share in such circumstances, ensuring they do not profit from their role in witnessing the will. Thus, the conclusion that their bequest will be reduced to their intestate share is reflective of the policy to prevent potential abuse when a beneficiary is also a witness, while still allowing the will to stand if valid.