Cross-border Succession Navigator

Only the following named regimes: European Union eu / succ.law.eu650.context What are the recorded scope of Regulation (EU) No 650/2012, applicable-law connecting factors, choice-of-law conditions and transitional provisions for this country? Recorded rules are available; their applicability to this case has not been established. Recorded provision Under Articles20–23, the starting point for the succession as a whole is the deceased’s habitual residence at death. A prescribed exception applies if all circumstances clearly show a manifestly closer connection to another state. A person may choose the law of a state of nationality at choice or death for the whole succession; with multiple nationalities, any such state. Choice must be expressed in a disposition on death or demonstrated by its terms; validity, amendment and revocation have separate requirements. The general rule does not automatically split money by residence and land by situs. Tax, matrimonial property, company succession clauses, the creation, administration and dissolution of trusts, rights in rem and registration are excluded or have separate limits under Article1. Article83 generally links the regime to deaths on or after17August2015 and preserves distinct transitional choices and dispositions. Non-participating states, special assets, renvoi and multi-law territorial states require additional checks. This records the named sources; it does not determine personal entitlement, the exhaustive currently governing rule or applicability to a particular case. Territory, dates, documents, party facts and exceptions require separate assessment. Only the participating-state system under the named Regulation; not a worldwide rule or an automatic connection for a couple. not in the sources primary source cited, quotation verified on 2026-10-18 Recorded conditions and limits machine_applicability: "unknown" Recorded conditions and limits source_check: {"outcome":"confirmed"} Recorded conditions and limits source_freshness: {"state":"current","currentEvidence":true,"holdCurrentEvidence":false,"currentLaw":"unknown","checkedAt":"2026-10-18T17:30:35.088Z","nextCheckAt":"2027-10-18T17:30:35.088Z","reason":"within_recorded_review_window"} Recorded conditions and limits checked: "2026-10-18" Recorded conditions and limits next_check: "2027-10-18" Article 83 Transitional provisions 1. This Regulation shall apply to the succession of persons who die on or after 17 August 2015. 2. Where the deceased had chosen the law applicable to his succession prior to 17 August 2015, that choice shall be valid if it meets the conditions laid down in Chapter III or if it is valid in application of the rules of private international law which were in force, at the time the choice was made, in the State in which the deceased had his habitual residence or in any of the States whose nationality he possessed. 3. A disposition of property upon death made prior to 17 August 2015 shall be admissible and valid in substantive terms and as regards form if it meets the conditions laid down in Chapter III or if it is admissible and valid in substantive terms and as regards form in application of the rules of private international law which were in force, at the time the disposition was made, in the State in which the deceased had his habitual residence or in any of the States whose nationality he possessed or in the Member State of the authority dealing with the succession. 4. If a disposition of property upon death was made prior to 17 August 2015 in accordance with the law which the deceased could have chosen in accordance with this Regulation, that law shall be deemed to have been chosen as the law applicable to the succession. Regulation (EU) No 650/2012 — Article83 — https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02012R0650-20120705 — Article83 complete addressed text Source date: — Checked: 2026-10-18 Article 20 Universal application Any law specified by this Regulation shall be applied whether or not it is the law of a Member State. Article 21 General rule 1.   Unless otherwise provided for in this Regulation, the law applicable to the succession as a whole shall be the law of the State in which the deceased had his habitual residence at the time of death. 2.   Where, by way of exception, it is clear from all the circumstances of the case that, at the time of death, the deceased was manifestly more closely connected with a State other than the State whose law would be applicable under paragraph 1, the law applicable to the succession shall be the law of that other State. Article 22 Choice of law 1.   A person may choose as the law to govern his succession as a whole the law of the State whose nationality he possesses at the time of making the choice or at the time of death. A person possessing multiple nationalities may choose the law of any of the States whose nationality he possesses at the time of making the choice or at the time of death. 2.   The choice shall be made expressly in a declaration in the form of a disposition of property upon death or shall be demonstrated by the terms of such a disposition. 3.   The substantive validity of the act whereby the choice of law was made shall be governed by the chosen law. 4.   Any modification or revocation of the choice of law shall meet the requirements as to form for the modification or revocation of a disposition of property upon death. Article 23 The scope of the applicable law 1.   The law determined pursuant to Article 21 or Article 22 shall govern the succession as a whole. 2.   That law shall govern in particular: (a) the causes, time and place of the opening of the succession; (b) the determination of the beneficiaries, of their respective shares and of the obligations which may be imposed on them by the deceased, and the determination of other succession rights, including the succession rights of the surviving spouse or partner; (c) the capacity to inherit; (d) disinheritance and disqualification by conduct; (e) the transfer to the heirs and, as the case may be, to the legatees of the assets, rights and obligations forming part of the estate, including the conditions and effects of the acceptance or waiver of the succession or of a legacy; (f) the powers of the heirs, the executors of the wills and other administrators of the estate, in particular as regards the sale of property and the payment of creditors, without prejudice to the powers referred to in Article 29(2) and (3); (g) liability for the debts under the succession; (h) the disposable part of the estate, the reserved shares and other restrictions on the disposal of property upon death as well as claims which persons close to the deceased may have against the estate or the heirs; (i) any obligation to restore or account for gifts, advancements or legacies when determining the shares of the different beneficiaries; and (j) the sharing-out of the estate. Regulation (EU) No 650/2012, addressed article — Articles 20-23 full — https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32012R0650 — Articles 20-23 full Source date: — Checked: 2026-10-18 Article 1 Scope 1.   This Regulation shall apply to succession to the estates of deceased persons. It shall not apply to revenue, customs or administrative matters. 2.   The following shall be excluded from the scope of this Regulation: (a) the status of natural persons, as well as family relationships and relationships deemed by the law applicable to such relationships to have comparable effects; (b) the legal capacity of natural persons, without prejudice to point (c) of Article 23(2) and to Article 26; (c) questions relating to the disappearance, absence or presumed death of a natural person; (d) questions relating to matrimonial property regimes and property regimes of relationships deemed by the law applicable to such relationships to have comparable effects to marriage; (e) maintenance obligations other than those arising by reason of death; (f) the formal validity of dispositions of property upon death made orally; (g) property rights, interests and assets created or transferred otherwise than by succession, for instance by way of gifts, joint ownership with a right of survivorship, pension plans, insurance contracts and arrangements of a similar nature, without prejudice to point (i) of Article 23(2); (h) questions governed by the law of companies and other bodies, corporate or unincorporated, such as clauses in the memoranda of association and articles of association of companies and other bodies, corporate or unincorporated, which determine what will happen to the shares upon the death of the members; (i) the dissolution, extinction and merger of companies and other bodies, corporate or unincorporated; (j) the creation, administration and dissolution of trusts; (k) the nature of rights in rem; and (l) any recording in a register of rights in immovable or movable property, including the legal requirements for such recording, and the effects of recording or failing to record such rights in a register. Regulation (EU) No 650/2012, addressed article — Article 1 full — https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32012R0650 — Article 1 full Source date: — Checked: 2026-10-18 This is recorded context, not a determination of governing law or a personal outcome. Complete record and current owner binding: {"item":{"question":{"code":"succ.law.eu650.context","text":"What are the recorded scope of Regulation (EU) No 650/2012, applicable-law connecting factors, choice-of-law conditions and transitional provisions for this country?","section":"law"},"availability":"available","mark":null,"answers":[],"recorded_answers":[{"machine_applicability":"unknown","ref":"ans:208d00a3-5fe1-5122-919d-87cd6d21e68f:v1","record_role":"recorded_rule","value":null,"value_raw":null,"value_state":"text","statement":"Under Articles20–23, the starting point for the succession as a whole is the deceased’s habitual residence at death. A prescribed exception applies if all circumstances clearly show a manifestly closer connection to another state. A person may choose the law of a state of nationality at choice or death for the whole succession; with multiple nationalities, any such state. Choice must be expressed in a disposition on death or demonstrated by its terms; validity, amendment and revocation have separate requirements. The general rule does not automatically split money by residence and land by situs. Tax, matrimonial property, company succession clauses, the creation, administration and dissolution of trusts, rights in rem and registration are excluded or have separate limits under Article1. Article83 generally links the regime to deaths on or after17August2015 and preserves distinct transitional choices and dispositions. Non-participating states, special assets, renvoi and multi-law territorial states require additional checks.","statement_language":"en","conditions":[],"caveat":"This records the named sources; it does not determine personal entitlement, the exhaustive currently governing rule or applicability to a particular case. Territory, dates, documents, party facts and exceptions require separate assessment. Only the participating-state system under the named Regulation; not a worldwide rule or an automatic connection for a couple.","caveat_language":"en","has_caveat":true,"valid":{"from":null,"to":null,"note":"not in the sources"},"status":"sourced","source_freshness":{"state":"current","currentEvidence":true,"holdCurrentEvidence":false,"currentLaw":"unknown","checkedAt":"2026-10-18T17:30:35.088Z","nextCheckAt":"2027-10-18T17:30:35.088Z","reason":"within_recorded_review_window"},"source_check":{"outcome":"confirmed"},"status_text":"primary source cited, quotation verified on 2026-10-18","checked":"2026-10-18","next_check":"2027-10-18","recorded_check":null,"sources":[{"document":"Regulation (EU) No 650/2012 — Article83","url":"https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02012R0650-20120705","locator":"Article83 complete addressed text","quote":"Article 83\nTransitional provisions\n1.\nThis Regulation shall apply to the succession of persons who die on or after 17 August 2015.\n2.\nWhere the deceased had chosen the law applicable to his succession prior to 17 August 2015, that choice shall be valid if it meets the conditions laid down in Chapter III or if it is valid in application of the rules of private international law which were in force, at the time the choice was made, in the State in which the deceased had his habitual residence or in any of the States whose nationality he possessed.\n3.\nA disposition of property upon death made prior to 17 August 2015 shall be admissible and valid in substantive terms and as regards form if it meets the conditions laid down in Chapter III or if it is admissible and valid in substantive terms and as regards form in application of the rules of private international law which were in force, at the time the disposition was made, in the State in which the deceased had his habitual residence or in any of the States whose nationality he possessed or in the Member State of the authority dealing with the succession.\n4.\nIf a disposition of property upon death was made prior to 17 August 2015 in accordance with the law which the deceased could have chosen in accordance with this Regulation, that law shall be deemed to have been chosen as the law applicable to the succession.","language":"en","source_class":"official_law","source_date":null,"source_kind":null,"checked":"2026-10-18","verification":"quote_in_current_snapshot","verification_fingerprint":{"version":1,"snapshotRepresentation":"wiki_document_snapshot_text_utf8","snapshotSha256":"26f15d7e6877e5427ee6507bd14f00e3d76b1160842f1572a47a7c2b0c22efbf","quoteLiteralSha256":"142c94dd5b5afeefe40a027e4e820c75d01e28ee56a8b60b8893839cf9f13503","membershipRecipe":"wiki_normalize_quote_v1","checkIdentitySha256":"792504ace4e3a8b8d1d840312d647a444077af82845f8256d473ca179952cbee","fingerprintSha256":"ab1e2a61ca3ab0a4e7326c1648e7816b5c72f28bb679739f116786552e5b6565"}},{"document":"Regulation (EU) No 650/2012, addressed article — Articles 20-23 full","url":"https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32012R0650","locator":"Articles 20-23 full","quote":"Article 20\nUniversal application\nAny law specified by this Regulation shall be applied whether or not it is the law of a Member State.\nArticle 21\nGeneral rule\n1.   Unless otherwise provided for in this Regulation, the law applicable to the succession as a whole shall be the law of the State in which the deceased had his habitual residence at the time of death.\n2.   Where, by way of exception, it is clear from all the circumstances of the case that, at the time of death, the deceased was manifestly more closely connected with a State other than the State whose law would be applicable under paragraph 1, the law applicable to the succession shall be the law of that other State.\nArticle 22\nChoice of law\n1.   A person may choose as the law to govern his succession as a whole the law of the State whose nationality he possesses at the time of making the choice or at the time of death.\nA person possessing multiple nationalities may choose the law of any of the States whose nationality he possesses at the time of making the choice or at the time of death.\n2.   The choice shall be made expressly in a declaration in the form of a disposition of property upon death or shall be demonstrated by the terms of such a disposition.\n3.   The substantive validity of the act whereby the choice of law was made shall be governed by the chosen law.\n4.   Any modification or revocation of the choice of law shall meet the requirements as to form for the modification or revocation of a disposition of property upon death.\nArticle 23\nThe scope of the applicable law\n1.   The law determined pursuant to Article 21 or Article 22 shall govern the succession as a whole.\n2.   That law shall govern in particular:\n(a)\nthe causes, time and place of the opening of the succession;\n(b)\nthe determination of the beneficiaries, of their respective shares and of the obligations which may be imposed on them by the deceased, and the determination of other succession rights, including the succession rights of the surviving spouse or partner;\n(c)\nthe capacity to inherit;\n(d)\ndisinheritance and disqualification by conduct;\n(e)\nthe transfer to the heirs and, as the case may be, to the legatees of the assets, rights and obligations forming part of the estate, including the conditions and effects of the acceptance or waiver of the succession or of a legacy;\n(f)\nthe powers of the heirs, the executors of the wills and other administrators of the estate, in particular as regards the sale of property and the payment of creditors, without prejudice to the powers referred to in Article 29(2) and (3);\n(g)\nliability for the debts under the succession;\n(h)\nthe disposable part of the estate, the reserved shares and other restrictions on the disposal of property upon death as well as claims which persons close to the deceased may have against the estate or the heirs;\n(i)\nany obligation to restore or account for gifts, advancements or legacies when determining the shares of the different beneficiaries; and\n(j)\nthe sharing-out of the estate.","language":"en","source_class":"official_law","source_date":null,"source_kind":null,"checked":"2026-10-18","verification":"quote_in_current_snapshot","verification_fingerprint":{"version":1,"snapshotRepresentation":"wiki_document_snapshot_text_utf8","snapshotSha256":"3e93b68a7eed5d23e09556e07c5a41e6974b939c002bfe79392c9983514f1d4d","quoteLiteralSha256":"6cb3315e1e2a077c6e9c1da53b7cf215c6dbfd7991445ea6c7d0351d12002457","membershipRecipe":"wiki_normalize_quote_v1","checkIdentitySha256":"1e439f9865de429a8f91e4bd6f9400d83ac651213c240ee180ff71fd570d54d8","fingerprintSha256":"3d7931923d43160d9efa20842d1f0a4ca6fb0214559f0583a5a7053064438187"}},{"document":"Regulation (EU) No 650/2012, addressed article — Article 1 full","url":"https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32012R0650","locator":"Article 1 full","quote":"Article 1\nScope\n1.   This Regulation shall apply to succession to the estates of deceased persons. It shall not apply to revenue, customs or administrative matters.\n2.   The following shall be excluded from the scope of this Regulation:\n(a)\nthe status of natural persons, as well as family relationships and relationships deemed by the law applicable to such relationships to have comparable effects;\n(b)\nthe legal capacity of natural persons, without prejudice to point (c) of Article 23(2) and to Article 26;\n(c)\nquestions relating to the disappearance, absence or presumed death of a natural person;\n(d)\nquestions relating to matrimonial property regimes and property regimes of relationships deemed by the law applicable to such relationships to have comparable effects to marriage;\n(e)\nmaintenance obligations other than those arising by reason of death;\n(f)\nthe formal validity of dispositions of property upon death made orally;\n(g)\nproperty rights, interests and assets created or transferred otherwise than by succession, for instance by way of gifts, joint ownership with a right of survivorship, pension plans, insurance contracts and arrangements of a similar nature, without prejudice to point (i) of Article 23(2);\n(h)\nquestions governed by the law of companies and other bodies, corporate or unincorporated, such as clauses in the memoranda of association and articles of association of companies and other bodies, corporate or unincorporated, which determine what will happen to the shares upon the death of the members;\n(i)\nthe dissolution, extinction and merger of companies and other bodies, corporate or unincorporated;\n(j)\nthe creation, administration and dissolution of trusts;\n(k)\nthe nature of rights in rem; and\n(l)\nany recording in a register of rights in immovable or movable property, including the legal requirements for such recording, and the effects of recording or failing to record such rights in a register.","language":"en","source_class":"official_law","source_date":null,"source_kind":null,"checked":"2026-10-18","verification":"quote_in_current_snapshot","verification_fingerprint":{"version":1,"snapshotRepresentation":"wiki_document_snapshot_text_utf8","snapshotSha256":"bf4b0d35b2ce99ca064b53597690011bb0c457880c1d76b2490996b25f2fed2d","quoteLiteralSha256":"2b695ebd0e5fd1e87bde33ee5d0316e427be59c92f206d95c93bf570363498cc","membershipRecipe":"wiki_normalize_quote_v1","checkIdentitySha256":"4e8409472a51a9ad375e78a567768775bac12f21edf97f6f14f0134432540840","fingerprintSha256":"aea88fc8e34d8b44e5cd61b3cc991281ad9f28b3fb28a47abe488940f49c87d6"}}],"articles":[]}],"exceptions":[],"depends_on":[],"clarify":[],"note":"Recorded rules are available; their applicability to this case has not been established."},"owner":{"target":{"object":"eu","question":"succ.law.eu650.context","questionnaire":"succession"},"admissionRevision":"7990362062d5683a45de4adbce5c4baf448dcc8f1f33539ae2687b3f6d5e0fdd","projectionRevision":"29b221674b18acaf722fa56e54b14ce9a071d79b12d8cfe4256a6c9f164df890","referenceSha256":"9b32619b3bca173b55b115930d7520687981cf97d88f9166895bc9e18b6821b5","publicItemSha256":"a7162124a98ed30e9b1eb4929558d29403412b695abe74d505990b20181a1211","versions":[{"ref":"ans:208d00a3-5fe1-5122-919d-87cd6d21e68f:v1","key":"208d00a3-5fe1-5122-919d-87cd6d21e68f","version":1,"storedAnswerSha256":"e674523d87415d318a53a5ab2b3666152a3bca3e303d89782432fcb1c94d34e0","presentation":{"ru":{"statement":"9f7e7fc39bb3a0a0cf479d3e57fadf43087adcb0e6bbb18fbcb61075753772a8","caveat":"d11ff9eeb5dafb5120569209c7d67751ebad5c3287cbb839fb4f41fd802c2235"},"en":{"statement":"cc831acb14cbff2a3a3c2c96c7f8dce1b74a90258db17f950919e21af86f7234","caveat":"011656a3808409eccc1831cea8216a8f9dc12a9ba9dcd077d69b98fdd63e571e"}}}]}}

Only the following named regimes: United Kingdom gb / succ.eaw.provision_context Which limits on testamentary freedom are illustrated by England and Wales? Recorded rules are available; their applicability to this case has not been established. Dependencies: [{"axis":"where","name":"where (part of the country)","values":[{"code":"gb-eaw","name":"England and Wales"}]}] Recorded provision Section1 of the Inheritance(Provision for Family and Dependants)Act1975 permits specified categories to seek reasonable financial provision where the deceased died domiciled in England and Wales and the will, intestacy or both fail to make it. Categories include spouse/civil partner, qualifying former spouses/partners, children, persons treated as children of the family, qualifying maintained persons and a qualifying cohabitant. The cohabitant branch requires two years in the same household immediately before death with its specified commencement condition; maintenance requires a substantial contribution to needs rather than commercial consideration. Spouse/partner provision differs from maintenance for other claimants, with separation exceptions. This is a conditional court claim, not a predetermined reserved share or unrestricted testamentary freedom. where (part of the country): England and Wales This records the named sources; it does not determine personal entitlement, the exhaustive currently governing rule or applicability to a particular case. Territory, dates, documents, party facts and exceptions require separate assessment. England and Wales under the1975Act and separately NewYork under EPTL; not allUK/USA or an automatic share for every relative. not in the sources primary source cited, quotation verified on 2026-10-18 Recorded conditions and limits machine_applicability: "unknown" Recorded conditions and limits source_check: {"outcome":"confirmed"} Recorded conditions and limits source_freshness: {"state":"current","currentEvidence":true,"holdCurrentEvidence":false,"currentLaw":"unknown","checkedAt":"2026-10-18T17:30:35.088Z","nextCheckAt":"2027-10-18T17:30:35.088Z","reason":"within_recorded_review_window"} Recorded conditions and limits checked: "2026-10-18" Recorded conditions and limits next_check: "2027-10-18" http://www.legislation.gov.uk/ukpga/1975/63/section/1 Inheritance (Provision for Family and Dependants) Act 1975 An Act to make fresh provision for empowering the court to make orders for the making out of the estate of a deceased person of provision for the spouse, former spouse, child, child of the family or dependant of that person; and for matters connected therewith. 1975-11-12 text text/xml en Statute Law Database 2022-06-05 Expert Participation 2022-04-06 Inheritance (Provision for Family and Dependants) Act 1975 s. 1(2)(a) Family Law Act 1996 s. 66(1) Sch. 8 Pt. 1 para. 27(2) Inheritance (Provision for Family and Dependants) Act 1975 s. 25 (defn s. of "former wife" and "former husband") Family Law Act 1996 s. 66(1) Sch. 8 Pt. 1 para. 27(8) Application for financial provision from deceased’s estate. 1 1 Where after the commencement of this Act a person dies domiciled in England and Wales and is survived by any of the following persons:— a the spouse or civil partner of the deceased; b a former spouse or former civil partner of the deceased, but not one who has formed a subsequent marriage or civil partnership; ba any person (not being a person included in paragraph (a) or (b) above) to whom subsection (1A) ... below applies; c a child of the deceased; d any person (not being a child of the deceased) who in relation to any marriage or civil partnership to which the deceased was at any time a party, or otherwise in relation to any family in which the deceased at any time stood in the role of a parent, was treated by the deceased as a child of the family; e any person (not being a person included in the foregoing paragraphs of this subsection) who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased; that person may apply to the court for an order under section 2 of this Act on the ground that the disposition of the deceased’s estate effected by his will or the law relating to intestacy, or the combination of his will and that law, is not such as to make reasonable financial provision for the applicant. 1A This subsection applies to a person if the deceased died on or after 1st January 1996 and, during the whole of the period of two years ending immediately before the date when the deceased died, the person was living— a in the same household as the deceased, and b as if that person and the deceased were a married couple or civil partners . 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 In this Act “ reasonable financial provision ”— a in the case of an application made by virtue of subsection (1)(a) above by the husband or wife of the deceased (except where the marriage with the deceased was the subject of a judicial separation order and at the date of death the order was in force and the separation was continuing), means such financial provision as it would be reasonable in all the circumstances of the case for a husband or wife to receive, whether or not that provision is required for his or her maintenance; aa in the case of an application made by virtue of subsection (1)(a) above by the civil partner of the deceased (except where, at the date of death, a separation order under Chapter 2 of Part 2 of the Civil Partnership Act 2004 was in force in relation to the civil partnership and the separation was continuing), means such financial provision as it would be reasonable in all the circumstances of the case for a civil partner to receive, whether or not that provision is required for his or her maintenance; b in the case of any other application made by virtue of subsection (1) above, means such financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive for his maintenance. 2A The reference in subsection (1)(d) above to a family in which the deceased stood in the role of a parent includes a family of which the deceased was the only member (apart from the applicant). 3 For the purposes of subsection (1)(e) above, a person is to be treated as being maintained by the deceased (either wholly or partly, as the case may be) only if the deceased was making a substantial contribution in money or money's worth towards the reasonable needs of that person, other than a contribution made for full valuable consideration pursuant to an arrangement of a commercial nature. S. 1(1)(a)(b) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33) , ss. 71 , 263(2) , Sch. 4 para. 15(2) ; S.I. 2005/3175 , art. 2(1) , Sch. 1 S. 1(1)(ba) inserted (8.11.1995) by 1995 c. 41 , s. 2(2) S. 1(1A) inserted (8.11.1995) by 1995 c. 41 , s. 2(3) S. 1(2)(aa) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33) , ss. 71 , 263(2) , Sch. 4 para. 15(6) ; S.I. 2005/3175 , art. 2(1) , Sch. 1 S. 1(2A) inserted (1.10.2014) by Inheritance and Trustees' Powers Act 2014 (c. 16) , s. 12(2) , Sch. 2 para. 2(3) (with s. 12(4) ); S.I. 2014/2039 , art. 2 Words in s. 1(1)(d) substituted (1.10.2014) by Inheritance and Trustees' Powers Act 2014 (c. 16) , s. 12(2) , Sch. 2 para. 2(2) (with s. 12(4) ); S.I. 2014/2039 , art. 2 S. 1(3) substituted (1.10.2014) by Inheritance and Trustees' Powers Act 2014 (c. 16) , s. 12(2) , Sch. 2 para. 3 (with s. 12(4) ); S.I. 2014/2039 , art. 2 Words in s. 1(1)(ba) omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458) , reg. 1(2) , Sch. 3 para. 3(2)(a) S. 1(1B) omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458) , reg. 1(2) , Sch. 3 para. 3(2)(c) Words in s. 1(1A)(b) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458) , reg. 1(2) , Sch. 3 para. 3(2)(b) Words in s. 1(2)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11) , s. 8(1) (8) , Sch. para. 44(2)(a) ; S.I. 2022/283 , reg. 2 Words in s. 1(2)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11) , s. 8(1) (8) , Sch. para. 44(2)(b) ; S.I. 2022/283 , reg. 2 Inheritance (Provision for Family and Dependants) Act 1975 section 1 — section 1 full current served XML projection; raw XML retained — https://www.legislation.gov.uk/ukpga/1975/63/section/1/data.xml — section 1 full current served XML projection; raw XML retained Source date: 1975-11-12 Checked: 2026-10-18 This is recorded context, not a determination of governing law or a personal outcome. Complete record and current owner binding: {"item":{"question":{"code":"succ.eaw.provision_context","text":"Which limits on testamentary freedom are illustrated by England and Wales?","section":"forced"},"availability":"available","mark":null,"answers":[],"recorded_answers":[{"machine_applicability":"unknown","ref":"ans:b8a25dc4-2029-5da6-beb1-0b55bd209560:v1","record_role":"recorded_rule","value":null,"value_raw":null,"value_state":"text","statement":"Section1 of the Inheritance(Provision for Family and Dependants)Act1975 permits specified categories to seek reasonable financial provision where the deceased died domiciled in England and Wales and the will, intestacy or both fail to make it. Categories include spouse/civil partner, qualifying former spouses/partners, children, persons treated as children of the family, qualifying maintained persons and a qualifying cohabitant. The cohabitant branch requires two years in the same household immediately before death with its specified commencement condition; maintenance requires a substantial contribution to needs rather than commercial consideration. Spouse/partner provision differs from maintenance for other claimants, with separation exceptions. This is a conditional court claim, not a predetermined reserved share or unrestricted testamentary freedom.","statement_language":"en","conditions":[{"axis":"where","name":"where (part of the country)","values":[{"code":"gb-eaw","name":"England and Wales"}]}],"caveat":"This records the named sources; it does not determine personal entitlement, the exhaustive currently governing rule or applicability to a particular case. Territory, dates, documents, party facts and exceptions require separate assessment. England and Wales under the1975Act and separately NewYork under EPTL; not allUK/USA or an automatic share for every relative.","caveat_language":"en","has_caveat":true,"valid":{"from":null,"to":null,"note":"not in the sources"},"status":"sourced","source_freshness":{"state":"current","currentEvidence":true,"holdCurrentEvidence":false,"currentLaw":"unknown","checkedAt":"2026-10-18T17:30:35.088Z","nextCheckAt":"2027-10-18T17:30:35.088Z","reason":"within_recorded_review_window"},"source_check":{"outcome":"confirmed"},"status_text":"primary source cited, quotation verified on 2026-10-18","checked":"2026-10-18","next_check":"2027-10-18","recorded_check":null,"sources":[{"document":"Inheritance (Provision for Family and Dependants) Act 1975 section 1 — section 1 full current served XML projection; raw XML retained","url":"https://www.legislation.gov.uk/ukpga/1975/63/section/1/data.xml","locator":"section 1 full current served XML projection; raw XML retained","quote":"http://www.legislation.gov.uk/ukpga/1975/63/section/1\nInheritance (Provision for Family and Dependants) Act 1975\nAn Act to make fresh provision for empowering the court to make orders for the making out of the estate of a deceased person of provision for the spouse, former spouse, child, child of the family or dependant of that person; and for matters connected therewith.\n1975-11-12\ntext\ntext/xml\nen\nStatute Law Database\n2022-06-05\nExpert Participation\n2022-04-06\nInheritance (Provision for Family and Dependants) Act 1975\ns. 1(2)(a)\nFamily Law Act 1996\ns. 66(1)\nSch. 8 Pt. 1\npara. 27(2)\nInheritance (Provision for Family and Dependants) Act 1975\ns. 25\n(defn\ns.\nof \"former wife\" and \"former husband\")\nFamily Law Act 1996\ns. 66(1)\nSch. 8 Pt. 1\npara. 27(8)\nApplication for financial provision from deceased’s estate.\n1\n1\nWhere after the commencement of this Act a person dies domiciled in England and Wales and is survived by any of the following persons:—\na\nthe spouse or civil partner of the deceased;\nb\na former spouse or former civil partner of the deceased, but not one who has formed a subsequent marriage or civil partnership;\nba\nany person (not being a person included in paragraph (a) or (b) above) to whom subsection (1A)\n... below applies;\nc\na child of the deceased;\nd\nany person (not being a child of the deceased)\nwho in relation to any marriage or civil partnership to which the deceased was at any time a party, or otherwise in relation to any family in which the deceased at any time stood in the role of a parent, was treated by the deceased as a child of the family;\ne\nany person (not being a person included in the foregoing paragraphs of this subsection) who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased;\nthat person may apply to the court for an order under section 2 of this Act on the ground that the disposition of the deceased’s estate effected by his will or the law relating to intestacy, or the combination of his will and that law, is not such as to make reasonable financial provision for the applicant.\n1A\nThis subsection applies to a person if the deceased died on or after 1st January 1996 and, during the whole of the period of two years ending immediately before the date when the deceased died, the person was living—\na\nin the same household as the deceased, and\nb\nas if that person and the deceased were a married couple or civil partners\n.\n1B\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n2\nIn this Act “\nreasonable financial provision\n”—\na\nin the case of an application made by virtue of subsection (1)(a) above by the husband or wife of the deceased (except where the marriage with the deceased was the subject of a\njudicial separation order\nand at the date of death\nthe order\nwas in force and the separation was continuing), means such financial provision as it would be reasonable in all the circumstances of the case for a husband or wife to receive, whether or not that provision is required for his or her maintenance;\naa\nin the case of an application made by virtue of subsection (1)(a) above by the civil partner of the deceased (except where, at the date of death, a separation order under Chapter 2 of Part 2 of the Civil Partnership Act 2004 was in force in relation to the civil partnership and the separation was continuing), means such financial provision as it would be reasonable in all the circumstances of the case for a civil partner to receive, whether or not that provision is required for his or her maintenance;\nb\nin the case of any other application made by virtue of subsection (1) above, means such financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive for his maintenance.\n2A\nThe reference in subsection (1)(d) above to a family in which the deceased stood in the role of a parent includes a family of which the deceased was the only member (apart from the applicant).\n3\nFor the purposes of subsection (1)(e) above, a person is to be treated as being maintained by the deceased (either wholly or partly, as the case may be) only if the deceased was making a substantial contribution in money or money's worth towards the reasonable needs of that person, other than a contribution made for full valuable consideration pursuant to an arrangement of a commercial nature.\nS. 1(1)(a)(b) substituted (5.12.2005) by\nCivil Partnership Act 2004 (c. 33)\n,\nss. 71\n,\n263(2)\n,\nSch. 4 para. 15(2)\n;\nS.I. 2005/3175\n,\nart. 2(1)\n,\nSch. 1\nS. 1(1)(ba) inserted (8.11.1995) by\n1995 c. 41\n,\ns. 2(2)\nS. 1(1A) inserted (8.11.1995) by\n1995 c. 41\n,\ns. 2(3)\nS. 1(2)(aa) inserted (5.12.2005) by\nCivil Partnership Act 2004 (c. 33)\n,\nss. 71\n,\n263(2)\n,\nSch. 4 para. 15(6)\n;\nS.I. 2005/3175\n,\nart. 2(1)\n,\nSch. 1\nS. 1(2A) inserted (1.10.2014) by\nInheritance and Trustees' Powers Act 2014 (c. 16)\n,\ns. 12(2)\n,\nSch. 2 para. 2(3)\n(with\ns. 12(4)\n);\nS.I. 2014/2039\n,\nart. 2\nWords in s. 1(1)(d) substituted (1.10.2014) by\nInheritance and Trustees' Powers Act 2014 (c. 16)\n,\ns. 12(2)\n,\nSch. 2 para. 2(2)\n(with\ns. 12(4)\n);\nS.I. 2014/2039\n,\nart. 2\nS. 1(3) substituted (1.10.2014) by\nInheritance and Trustees' Powers Act 2014 (c. 16)\n,\ns. 12(2)\n,\nSch. 2 para. 3\n(with\ns. 12(4)\n);\nS.I. 2014/2039\n,\nart. 2\nWords in s. 1(1)(ba) omitted (2.12.2019) by virtue of\nThe Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458)\n,\nreg. 1(2)\n,\nSch. 3 para. 3(2)(a)\nS. 1(1B) omitted (2.12.2019) by virtue of\nThe Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458)\n,\nreg. 1(2)\n,\nSch. 3 para. 3(2)(c)\nWords in s. 1(1A)(b) substituted (2.12.2019) by\nThe Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458)\n,\nreg. 1(2)\n,\nSch. 3 para. 3(2)(b)\nWords in\ns. 1(2)(a)\nsubstituted (6.4.2022) by\nDivorce, Dissolution and Separation Act 2020 (c. 11)\n,\ns. 8(1)\n(8)\n,\nSch. para. 44(2)(a)\n;\nS.I. 2022/283\n,\nreg. 2\nWords in\ns. 1(2)(a)\nsubstituted (6.4.2022) by\nDivorce, Dissolution and Separation Act 2020 (c. 11)\n,\ns. 8(1)\n(8)\n,\nSch. para. 44(2)(b)\n;\nS.I. 2022/283\n,\nreg. 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United States us / succ.ny.election_context Which limits on testamentary freedom arise from the surviving-spouse election under New York EPTL5-1.1-A? Recorded rules are available; their applicability to this case has not been established. Dependencies: [{"axis":"where","name":"where (part of the country)","values":[{"code":"us-ny","name":"New York (state)"}]}] Recorded provision The retained full EPTL5-1.1-A gives a qualifying surviving spouse a personal election, subject to death-date conditions and net-estate, testamentary-substitute and credit rules. The greater-of50000dollars(or the smaller netestate) and one-third formula is not a general heir allowance or unconditional payment. The full section contains limits, procedural election, deadlines and waiver; applicability, death, domicile, assets and renunciation need separate review. This example defeats an unrestricted-testamentary-freedom claim for allU.S. states, but establishes no other state’s law. where (part of the country): New York (state) This records the named sources; it does not determine personal entitlement, the exhaustive currently governing rule or applicability to a particular case. Territory, dates, documents, party facts and exceptions require separate assessment. England and Wales under the1975Act and separately NewYork under EPTL; not allUK/USA or an automatic share for every relative. not in the sources primary source cited, quotation verified on 2026-10-18 Recorded conditions and limits machine_applicability: "unknown" Recorded conditions and limits source_check: {"outcome":"confirmed"} Recorded conditions and limits source_freshness: {"state":"current","currentEvidence":true,"holdCurrentEvidence":false,"currentLaw":"unknown","checkedAt":"2026-10-18T17:30:35.088Z","nextCheckAt":"2027-10-18T17:30:35.088Z","reason":"within_recorded_review_window"} Recorded conditions and limits checked: "2026-10-18" Recorded conditions and limits next_check: "2027-10-18" § 5-1.1-A Right of election by surviving spouse (a) Where a decedent dies on or after September first, nineteen hundred ninety-two and is survived by a spouse, a personal right of election is given to the surviving spouse to take a share of the decedent's estate, subject to the following: (1) For the purpose of this section, the decedent's estate includes the capital value, as of the decedent's death, of any property described in subparagraph (b) (1). (2) The elective share, as used in this paragraph, is the pecuniary amount equal to the greater of (i) fifty thousand dollars or, if the capital value of the net estate is less than fifty thousand dollars, such capital value, or (ii) one third of the net estate. In computing the net estate, debts, administration expenses and reasonable funeral expenses shall be deducted, but all estate taxes shall be disregarded, except that nothing contained herein relieves the surviving spouse from contributing to all such taxes the amounts apportioned against him or her under 2-1.8. (3) The term "testamentary provision", as used in this paragraph, includes, in addition to dispositions made by the decedent's will, distributions of property pursuant to 4-1.1 and any transaction described as a testamentary substitute in subparagraph (b) (1). (4) The share of the testamentary provisions to which the surviving spouse is entitled hereunder (the "net elective share") is his or her elective share, as defined in subparagraphs (1) and (2), reduced by the capital value of any interest which passes absolutely from the decedent to such spouse, or which would have passed absolutely from the decedent to such spouse but was renounced by the spouse, (i) by intestacy, (ii) by testamentary substitute as described in subparagraph (b) (1), or (iii) by disposition under the decedent's last will. (A) Unless the decedent has provided otherwise, if a spouse elects under this section, such election shall have the same effect with respect to any interest which passes or would have passed to the spouse, other than absolutely, as though the spouse died on the same date but immediately before the death of the decedent. (B) For the purposes of this subparagraph (4), (i) an interest in property shall be deemed to pass other than absolutely from the decedent to the spouse if the interest so passing consists of less than the decedent's entire interest in that property or consists of any interest in a trust or trust equivalent created by the decedent; and (ii) an interest in property shall be deemed to pass absolutely from the decedent to the spouse if it is not deemed to pass other than absolutely. (5) Where a decedent dies before September first, nineteen hundred ninety-four, paragraphs (c)(1)(D) through (c)(1)(K) of section 5-1.1 shall apply except that the words "fifty thousand dollars" shall be substituted for the words "ten thousand dollars" wherever they appear in such paragraphs. (b) Inter vivos dispositions treated as testamentary substitutes for the purpose of election by surviving spouse. (1) Where a person dies after August thirty-first, nineteen hundred ninety-two and is survived by a spouse who exercises a right of election under paragraph (a), the transactions affected by and property interests of the decedent described in clauses (A) through (H), whether benefiting the surviving spouse or any other person, shall be treated as testamentary substitutes and the capital value thereof, as of the decedent's death, shall be included in the net estate subject to the surviving spouse's elective right except to the extent that the surviving spouse has executed a waiver of release pursuant to paragraph (e) with respect thereto. Notwithstanding the foregoing, a transaction, other than a transaction described in clause (G), that is irrevocable or is revocable only with the consent of a person having a substantial adverse interest (including any such transactions with respect to which the decedent retained a special power of appointment as defined in 10-3.2), will constitute a testamentary substitute only if it is effected after the date of the marriage. (A) Gifts causa mortis. (B) The aggregate transfers of property (including the transfer, release or relinquishment of any property interest which, but for such transfer, release or relinquishment, would come within the scope of clause (F)), other than gifts causa mortis and transfers coming within the scope of clauses (G) and (H), to or for the benefit of any person, made after August thirty-first, nineteen hundred ninety-two, and within one year of the death of the decedent, to the extent that the decedent did not receive adequate and full consideration in money or money's worth for such transfers; provided, however, that any portion of any such transfer that was excludible from taxable gifts pursuant to subsections (b) and (e) of section two thousand five hundred three of the United States Internal Revenue Code, including any amounts excluded as a result of the election by the surviving spouse to treat any such transfer as having been made one half by him or her, shall not be treated as a testamentary substitute. (C) Money deposited, together with all dividends or interest credited thereon, in a savings account in the name of the decedent in trust for another person, with a banking organization, savings and loan association, foreign banking corporation or organization or bank or savings and loan association organized under the laws of the United States, and remaining on deposit at the date of the decedent's death. (D) Money deposited after August thirty-first, nineteen hundred sixty-six, together with all dividends or interest credited thereon, in the name of the decedent and another person and payable on death, pursuant to the terms of the deposit or by operation of law, to the survivor, with a banking organization, savings and loan association, foreign banking corporation or organization or bank or savings and loan association organized under the laws of the United States, and remaining on deposit at the date of the decedent's death. (E) Any disposition of property made by the decedent whereby property, at the date of his or her death, is held (i) by the decedent and another person as joint tenants with a right of survivorship or as tenants by the entirety where the disposition was made after August thirty-first, nineteen hundred sixty-six, or (ii) by the decedent and is payable on his or her death to a person other than the decedent or his or her estate. (F) Any disposition of property or contractual arrangement made by the decedent, in trust or otherwise, to the extent that the decedent (i) after August thirty-first, nineteen hundred ninety-two, retained for his or her life or for any period not ascertainable without reference to his or her death or for any period which does not in fact end before his or her death the possession or enjoyment of, or the right to income from, the property except to the extent that such disposition or contractual arrangement was for an adequate consideration in money or money's worth; or (ii) at the date of his or her death retained either alone or in conjunction with any other person who does not have a substantial adverse interest, by the express provisions of the disposing instrument, a power to revoke such disposition or a power to consume, invade or dispose of the principal thereof. The provisions of this subparagraph shall not affect the right of any income beneficiary to the income undistributed or accrued at the date of death nor shall they impair or defeat any right which has vested on or before August thirty-first, nineteen hundred ninety-two. (G) Any money, securities or other property payable under a thrift, savings, retirement, pension, deferred compensation, death benefit, stock bonus or profit-sharing plan, account, arrangement, system or trust, except that with respect to a plan to which subsection (a) (11) of section four hundred one of the United States Internal Revenue Code applies or a defined contribution plan to which such subsection does not apply pursuant to paragraph (B) (iii) thereof, only to the extent of fifty percent of the capital value thereof. Notwithstanding the foregoing, a transaction described herein shall not constitute a testamentary substitute if the decedent designated the beneficiary or beneficiaries of the plan benefits on or before September first, nineteen hundred ninety-two and did not change such beneficiary designation thereafter. (H) Any interest in property to the extent the passing of the principal thereof to or for the benefit of any person was subject to a presently exercisable general power of appointment, as defined in section two thousand forty-one of the United States Internal Revenue Code, held by the decedent immediately before his or her death or which the decedent, within one year of his or her death, released (except to the extent such release results from a lapse of the power which is not treated as a release pursuant to section two thousand forty-one of the United States Internal Revenue Code) or exercised in favor of any person other than himself or herself or his or her estate. (I) A transfer of a security to a beneficiary pursuant to part 4 of article 13 of this chapter. (2) Transactions described in clause (D) or (E) (i) shall be treated as testamentary substitutes in the proportion that the funds on deposit were the property of the decedent immediately before the deposit or the consideration for the property described in clause (E) (i) was furnished by the decedent. The surviving spouse shall have the burden of establishing the proportion of the decedent's contribution; provided, however, that where the surviving spouse is the other party to the transaction, it will be conclusively presumed that the proportion of the decedent's contribution is one-half. For the purpose of this subparagraph, the court may accept such evidence as is relevant and competent, whether or not the person offering such evidence would otherwise be competent to testify. (3) The property referred to in clause (E) shall include United States savings bonds and other United States obligations. (4) The provisions of this paragraph shall not prevent a corporation or other person from paying or transferring any funds or property to a person otherwise entitled thereto, unless there has been served personally upon such corporation or other person a certified copy of an order enjoining such payment or transfer made by the surrogate's court having jurisdiction of the decedent's estate or by another court of competent jurisdiction. A corporation or other person paying or transferring any funds or property described in clause (G) of subparagraph one of this paragraph to a person otherwise entitled thereto, shall be held harmless and free from any liability for making such payment or transfer, in any action or proceeding which involves such funds or property. Such order may be made, on notice to such persons and in such manner as the court may direct, upon application of the surviving spouse or any other interested party and on proof that the surviving spouse has exercised his or her right of election under paragraph (a). Service of a certified copy of such order on the corporation or other person holding such fund or property shall be a defense, during the effective period of the order, in any action or proceeding which involves such fund or property. (5) This paragraph shall not impair or defeat the rights of creditors of the decedent with respect to any matter as to which any such creditor has rights. (6) In case of a conflict between this paragraph and any other provision of law affecting the transactions described in subparagraph (1) of this paragraph, this paragraph controls. (7) If any part of this section is preempted by federal law with respect to a payment or an item of property included in the net estate, a person who, not for value, received that payment or item of property is obligated to return to the surviving spouse that payment or item of property or is personally liable to the surviving spouse for the amount of that payment or the value of that item of property, to the extent required under this section. (c) General provisions governing right of election. (1) Where an election has been made under this section, the will or other instrument making a testamentary provision, as the case may be, is valid as to the residue after the share to which the surviving spouse is entitled has been deducted, and the terms of such will or instrument remain otherwise effective so far as possible, subject, however, to the provisions of clause (a)(4)(A). (2) Except as otherwise expressly provided in the will or other instrument making a testamentary provision, ratable contribution to the share to which the surviving spouse is entitled shall be made by the beneficiaries and distributees (including the recipients of any such testamentary provision), other than the surviving spouse, under the decedent's will, by intestacy and other instruments making testamentary provisions, which contribution may be made in cash or in the specific property received from the decedent by the person required to make such contribution or partly in cash and partly in such property as such person in his or her discretion shall determine. (3) The right of election is personal to the surviving spouse, except that an election may be made by: (A) The guardian of the property of an infant spouse, when so authorized by the court having jurisdiction of the decedent's estate. (B) The committee of an incompetent spouse, when so authorized by the court that appointed the committee. (C) The conservator of a conservatee spouse, when so authorized by the court that appointed the conservator. (D) The guardian ad litem for the surviving spouse when so authorized by the court that appointed such guardian. (E) A guardian authorized under Article 81 of the mental hygiene law, when so authorized by the court that appointed the guardian. (4) Any question arising as to the right of election shall be determined by the court having jurisdiction of the decedent's estate in a proceeding brought for that purpose on notice to all interested persons in such manner as the court may direct, or in a proceeding for the judicial settlement of the accounts of the personal representative. (5) Upon application by a surviving spouse who has made an election under this section, the court may make an order cancelling such election, provided that no adverse rights have intervened and no prejudice is shown to creditors of such spouse or other persons interested in the estate. Such application shall be made on notice to such persons and in such manner as the court may direct. A certified copy of such order shall be indexed and recorded in the same manner as a notice of pendency of an action in the office of the clerk of the county in which any real property of the decedent is situated. (6) The right of election granted by this section is not available to the spouse of a decedent who was not domiciled in this state at the time of death, unless such decedent has elected, under paragraph (h) of 3-5.1, to have the disposition of his or her property situated in this state governed by the laws of this state. (7) The decedent's estate shall include all property of the decedent wherever situated. (8) An election made by the surviving spouse under this section is in lieu of any right of dower to which such spouse may be entitled. (9) The references in this paragraph to sections of the United States Internal Revenue Code are to the Internal Revenue Code of 1986, as amended. Such references, however, shall be deemed to constitute references to any corresponding provisions of any subsequent federal tax code. (d) Procedure for exercise of right of election. (1) An election under this section must be made within six months from the date of issuance of letters testamentary or of administration, as the case may be, but in no event later than two years after the date of decedent's death, except as otherwise provided in subparagraph 2 of this paragraph. Written notice of such election shall be served upon any personal representative in the manner herein provided, or upon a person named as executor in a will on file in the surrogate's court in a case where such will has not yet been admitted to probate, and the original thereof shall be filed and recorded, with proof of service, in the surrogate's court in which such letters were issued within six months from the date of the issuance of letters but in no event later than two years from the date of decedent's death, except as otherwise provided in subparagraph 2 of this paragraph. Such notice may be served by mailing a copy thereof, addressed to any personal representative, or to the nominated executor, as the case may be, at the place of residence stated in the designation required by section 708 of the surrogate's court procedure act, to the domicile address of such nominated executor, or in such other manner as the surrogate may direct. (2) The time to make such election may be extended before expiration by an order of the surrogate's court from which such letters issued for a further period not exceeding six months upon any one application. If the spouse defaults in filing such election within the time provided in subparagraph (1) of this paragraph, the surrogate's court may relieve the spouse from such default and authorize the making of an election within the period fixed by the order, provided that no decree settling the account of the personal representative has been made and that twelve months have not elapsed since the issuance of the letters, and two years have not elapsed since the decedent's date of death, in the case of initial application; except that the court may, in its discretion for good cause shown, extend the time to make such election beyond such period of two years. An application for relief from the default and for an extension of time to elect shall be made upon a petition showing reasonable cause and on notice to such persons and in such manner as the surrogate may direct. A certified copy of such order shall be indexed and recorded in the same manner as a notice of pendency of an action in the office of the clerk of each county in which real property of the decedent is situated. (3) The time limited in this paragraph for making an election is exclusive and shall not be suspended or otherwise affected by any provision of law, except that the surrogate may, in his or her discretion, permit an election to be made in behalf of an infant or incompetent spouse at any time up to, but no later than, the entry of the decree of the first judicial account of the representative of the estate, made more than seven months after the issuance of letters. (e) Waiver or release of right of election. (1) A spouse, during the lifetime of the other, may waive or release a right of election, granted by this section, against a particular or any last will or a testamentary substitute, as described in subparagraph (b) (1) made by the other spouse. A waiver or release of all rights in the estate of the other spouse is a waiver or release of a right of election against any such last will or testamentary provision. (2) To be effective under this section, a waiver or release must be in writing and subscribed by the maker thereof, and acknowledged or proved in the manner required by the laws of this state for the recording of a conveyance of real property. (3) Such a waiver or release is effective, in accordance with its terms, whether: (A) Executed before or after the marriage of the spouses. (B) Executed before, on or after September first, nineteen hundred sixty-six. (C) Unilateral in form, executed only by the maker thereof, or bilateral in form, executed by both spouses. (D) Executed with or without consideration. (E) Absolute or conditional. (4) If there is in effect at the time of the decedent's death a waiver, or a consent to the decedent's waiver, executed by the surviving spouse with respect to any survivor benefit, or right to such benefit, under subsection (a) (11) of section four hundred one or section four hundred seventeen of the United States Internal Revenue Code, then such waiver shall be deemed to be a waiver within the meaning of this paragraph (e) against the testamentary substitute constituting such benefit. New York EPTL 5-1.1-A — §5-1.1-A complete addressed web-tool lines52-371 — https://www.nysenate.gov/legislation/laws/EPT/5-1.1-A — §5-1.1-A complete addressed web-tool lines52-371 Source date: 2018-08-31 Checked: 2026-10-18 This is recorded context, not a determination of governing law or a personal outcome. Complete record and current owner binding: {"item":{"question":{"code":"succ.ny.election_context","text":"Which limits on testamentary freedom arise from the surviving-spouse election under New York EPTL5-1.1-A?","section":"forced"},"availability":"available","mark":null,"answers":[],"recorded_answers":[{"machine_applicability":"unknown","ref":"ans:a7b0a8f2-1cfe-5e93-8476-314bc57f5d59:v1","record_role":"recorded_rule","value":null,"value_raw":null,"value_state":"text","statement":"The retained full EPTL5-1.1-A gives a qualifying surviving spouse a personal election, subject to death-date conditions and net-estate, testamentary-substitute and credit rules. The greater-of50000dollars(or the smaller netestate) and one-third formula is not a general heir allowance or unconditional payment. The full section contains limits, procedural election, deadlines and waiver; applicability, death, domicile, assets and renunciation need separate review. This example defeats an unrestricted-testamentary-freedom claim for allU.S. states, but establishes no other state’s law.","statement_language":"en","conditions":[{"axis":"where","name":"where (part of the country)","values":[{"code":"us-ny","name":"New York (state)"}]}],"caveat":"This records the named sources; it does not determine personal entitlement, the exhaustive currently governing rule or applicability to a particular case. Territory, dates, documents, party facts and exceptions require separate assessment. England and Wales under the1975Act and separately NewYork under EPTL; not allUK/USA or an automatic share for every relative.","caveat_language":"en","has_caveat":true,"valid":{"from":null,"to":null,"note":"not in the sources"},"status":"sourced","source_freshness":{"state":"current","currentEvidence":true,"holdCurrentEvidence":false,"currentLaw":"unknown","checkedAt":"2026-10-18T17:30:35.088Z","nextCheckAt":"2027-10-18T17:30:35.088Z","reason":"within_recorded_review_window"},"source_check":{"outcome":"confirmed"},"status_text":"primary source cited, quotation verified on 2026-10-18","checked":"2026-10-18","next_check":"2027-10-18","recorded_check":null,"sources":[{"document":"New York EPTL 5-1.1-A — §5-1.1-A complete addressed web-tool lines52-371","url":"https://www.nysenate.gov/legislation/laws/EPT/5-1.1-A","locator":"§5-1.1-A complete addressed web-tool lines52-371","quote":"§ 5-1.1-A Right of election by surviving spouse\n(a) Where a decedent dies on or after September first, nineteen\nhundred ninety-two and is survived by a spouse, a personal right of\nelection is given to the surviving spouse to take a share of the\ndecedent's estate, subject to the following:\n(1) For the purpose of this section, the decedent's estate includes\nthe capital value, as of the decedent's death, of any property described\nin subparagraph (b) (1).\n(2) The elective share, as used in this paragraph, is the pecuniary\namount equal to the greater of (i) fifty thousand dollars or, if the\ncapital value of the net estate is less than fifty thousand dollars,\nsuch capital value, or (ii) one third of the net estate. In computing\nthe net estate, debts, administration expenses and reasonable funeral\nexpenses shall be deducted, but all estate taxes shall be disregarded,\nexcept that nothing contained herein relieves the surviving spouse from\ncontributing to all such taxes the amounts apportioned against him or\nher under 2-1.8.\n(3) The term \"testamentary provision\", as used in this paragraph,\nincludes, in addition to dispositions made by the decedent's will,\ndistributions of property pursuant to 4-1.1 and any transaction\ndescribed as a testamentary substitute in subparagraph (b) (1).\n(4) The share of the testamentary provisions to which the surviving\nspouse is entitled hereunder (the \"net elective share\") is his or her\nelective share, as defined in subparagraphs (1) and (2), reduced by the\ncapital value of any interest which passes absolutely from the decedent\nto such spouse, or which would have passed absolutely from the decedent\nto such spouse but was renounced by the spouse, (i) by intestacy, (ii)\nby testamentary substitute as described in subparagraph (b) (1), or\n(iii) by disposition under the decedent's last will.\n(A) Unless the decedent has provided otherwise, if a spouse elects\nunder this section, such election shall have the same effect with\nrespect to any interest which passes or would have passed to the spouse,\nother than absolutely, as though the spouse died on the same date but\nimmediately before the death of the decedent.\n(B) For the purposes of this subparagraph (4), (i) an interest in\nproperty shall be deemed to pass other than absolutely from the decedent\nto the spouse if the interest so passing consists of less than the\ndecedent's entire interest in that property or consists of any interest\nin a trust or trust equivalent created by the decedent; and (ii) an\ninterest in property shall be deemed to pass absolutely from the\ndecedent to the spouse if it is not deemed to pass other than\nabsolutely.\n(5) Where a decedent dies before September first, nineteen hundred\nninety-four, paragraphs (c)(1)(D) through (c)(1)(K) of section 5-1.1\nshall apply except that the words \"fifty thousand dollars\" shall be\nsubstituted for the words \"ten thousand dollars\" wherever they appear in\nsuch paragraphs.\n(b) Inter vivos dispositions treated as testamentary substitutes for\nthe purpose of election by surviving spouse.\n(1) Where a person dies after August thirty-first, nineteen hundred\nninety-two and is survived by a spouse who exercises a right of election\nunder paragraph (a), the transactions affected by and property interests\nof the decedent described in clauses (A) through (H), whether benefiting\nthe surviving spouse or any other person, shall be treated as\ntestamentary substitutes and the capital value thereof, as of the\ndecedent's death, shall be included in the net estate subject to the\nsurviving spouse's elective right except to the extent that the\nsurviving spouse has executed a waiver of release pursuant to paragraph\n(e) with respect thereto. Notwithstanding the foregoing, a transaction,\nother than a transaction described in clause (G), that is irrevocable or\nis revocable only with the consent of a person having a substantial\nadverse interest (including any such transactions with respect to which\nthe decedent retained a special power of appointment as defined in\n10-3.2), will constitute a testamentary substitute only if it is\neffected after the date of the marriage.\n(A) Gifts causa mortis.\n(B) The aggregate transfers of property (including the transfer,\nrelease or relinquishment of any property interest which, but for such\ntransfer, release or relinquishment, would come within the scope of\nclause (F)), other than gifts causa mortis and transfers coming within\nthe scope of clauses (G) and (H), to or for the benefit of any person,\nmade after August thirty-first, nineteen hundred ninety-two, and within\none year of the death of the decedent, to the extent that the decedent\ndid not receive adequate and full consideration in money or money's\nworth for such transfers; provided, however, that any portion of any\nsuch transfer that was excludible from taxable gifts pursuant to\nsubsections (b) and (e) of section two thousand five hundred three of\nthe United States Internal Revenue Code, including any amounts excluded\nas a result of the election by the surviving spouse to treat any such\ntransfer as having been made one half by him or her, shall not be\ntreated as a testamentary substitute.\n(C) Money deposited, together with all dividends or interest credited\nthereon, in a savings account in the name of the decedent in trust for\nanother person, with a banking organization, savings and loan\nassociation, foreign banking corporation or organization or bank or\nsavings and loan association organized under the laws of the United\nStates, and remaining on deposit at the date of the decedent's death.\n(D) Money deposited after August thirty-first, nineteen hundred\nsixty-six, together with all dividends or interest credited thereon, in\nthe name of the decedent and another person and payable on death,\npursuant to the terms of the deposit or by operation of law, to the\nsurvivor, with a banking organization, savings and loan association,\nforeign banking corporation or organization or bank or savings and loan\nassociation organized under the laws of the United States, and remaining\non deposit at the date of the decedent's death.\n(E) Any disposition of property made by the decedent whereby property,\nat the date of his or her death, is held (i) by the decedent and another\nperson as joint tenants with a right of survivorship or as tenants by\nthe entirety where the disposition was made after August thirty-first,\nnineteen hundred sixty-six, or (ii) by the decedent and is payable on\nhis or her death to a person other than the decedent or his or her\nestate.\n(F) Any disposition of property or contractual arrangement made by the\ndecedent, in trust or otherwise, to the extent that the decedent (i)\nafter August thirty-first, nineteen hundred ninety-two, retained for his\nor her life or for any period not ascertainable without reference to his\nor her death or for any period which does not in fact end before his or\nher death the possession or enjoyment of, or the right to income from,\nthe property except to the extent that such disposition or contractual\narrangement was for an adequate consideration in money or money's worth;\nor (ii) at the date of his or her death retained either alone or in\nconjunction with any other person who does not have a substantial\nadverse interest, by the express provisions of the disposing instrument,\na power to revoke such disposition or a power to consume, invade or\ndispose of the principal thereof. The provisions of this subparagraph\nshall not affect the right of any income beneficiary to the income\nundistributed or accrued at the date of death nor shall they impair or\ndefeat any right which has vested on or before August thirty-first,\nnineteen hundred ninety-two.\n(G) Any money, securities or other property payable under a thrift,\nsavings, retirement, pension, deferred compensation, death benefit,\nstock bonus or profit-sharing plan, account, arrangement, system or\ntrust, except that with respect to a plan to which subsection (a) (11)\nof section four hundred one of the United States Internal Revenue Code\napplies or a defined contribution plan to which such subsection does not\napply pursuant to paragraph (B) (iii) thereof, only to the extent of\nfifty percent of the capital value thereof. Notwithstanding the\nforegoing, a transaction described herein shall not constitute a\ntestamentary substitute if the decedent designated the beneficiary or\nbeneficiaries of the plan benefits on or before September first,\nnineteen hundred ninety-two and did not change such beneficiary\ndesignation thereafter.\n(H) Any interest in property to the extent the passing of the\nprincipal thereof to or for the benefit of any person was subject to a\npresently exercisable general power of appointment, as defined in\nsection two thousand forty-one of the United States Internal Revenue\nCode, held by the decedent immediately before his or her death or which\nthe decedent, within one year of his or her death, released (except to\nthe extent such release results from a lapse of the power which is not\ntreated as a release pursuant to section two thousand forty-one of the\nUnited States Internal Revenue Code) or exercised in favor of any person\nother than himself or herself or his or her estate.\n(I) A transfer of a security to a beneficiary pursuant to part 4 of\narticle 13 of this chapter.\n(2) Transactions described in clause (D) or (E) (i) shall be treated\nas testamentary substitutes in the proportion that the funds on deposit\nwere the property of the decedent immediately before the deposit or the\nconsideration for the property described in clause (E) (i) was furnished\nby the decedent. The surviving spouse shall have the burden of\nestablishing the proportion of the decedent's contribution; provided,\nhowever, that where the surviving spouse is the other party to the\ntransaction, it will be conclusively presumed that the proportion of the\ndecedent's contribution is one-half. For the purpose of this\nsubparagraph, the court may accept such evidence as is relevant and\ncompetent, whether or not the person offering such evidence would\notherwise be competent to testify.\n(3) The property referred to in clause (E) shall include United States\nsavings bonds and other United States obligations.\n(4) The provisions of this paragraph shall not prevent a corporation\nor other person from paying or transferring any funds or property to a\nperson otherwise entitled thereto, unless there has been served\npersonally upon such corporation or other person a certified copy of an\norder enjoining such payment or transfer made by the surrogate's court\nhaving jurisdiction of the decedent's estate or by another court of\ncompetent jurisdiction. A corporation or other person paying or\ntransferring any funds or property described in clause (G) of\nsubparagraph one of this paragraph to a person otherwise entitled\nthereto, shall be held harmless and free from any liability for making\nsuch payment or transfer, in any action or proceeding which involves\nsuch funds or property. Such order may be made, on notice to such\npersons and in such manner as the court may direct, upon application of\nthe surviving spouse or any other interested party and on proof that the\nsurviving spouse has exercised his or her right of election under\nparagraph (a). Service of a certified copy of such order on the\ncorporation or other person holding such fund or property shall be a\ndefense, during the effective period of the order, in any action or\nproceeding which involves such fund or property.\n(5) This paragraph shall not impair or defeat the rights of creditors\nof the decedent with respect to any matter as to which any such creditor\nhas rights.\n(6) In case of a conflict between this paragraph and any other\nprovision of law affecting the transactions described in subparagraph\n(1) of this paragraph, this paragraph controls.\n(7) If any part of this section is preempted by federal law with\nrespect to a payment or an item of property included in the net estate,\na person who, not for value, received that payment or item of property\nis obligated to return to the surviving spouse that payment or item of\nproperty or is personally liable to the surviving spouse for the amount\nof that payment or the value of that item of property, to the extent\nrequired under this section.\n(c) General provisions governing right of election.\n(1) Where an election has been made under this section, the will or\nother instrument making a testamentary provision, as the case may be, is\nvalid as to the residue after the share to which the surviving spouse is\nentitled has been deducted, and the terms of such will or instrument\nremain otherwise effective so far as possible, subject, however, to the\nprovisions of clause (a)(4)(A).\n(2) Except as otherwise expressly provided in the will or other\ninstrument making a testamentary provision, ratable contribution to the\nshare to which the surviving spouse is entitled shall be made by the\nbeneficiaries and distributees (including the recipients of any such\ntestamentary provision), other than the surviving spouse, under the\ndecedent's will, by intestacy and other instruments making testamentary\nprovisions, which contribution may be made in cash or in the specific\nproperty received from the decedent by the person required to make such\ncontribution or partly in cash and partly in such property as such\nperson in his or her discretion shall determine.\n(3) The right of election is personal to the surviving spouse, except\nthat an election may be made by:\n(A) The guardian of the property of an infant spouse, when so\nauthorized by the court having jurisdiction of the decedent's estate.\n(B) The committee of an incompetent spouse, when so authorized by the\ncourt that appointed the committee.\n(C) The conservator of a conservatee spouse, when so authorized by the\ncourt that appointed the conservator.\n(D) The guardian ad litem for the surviving spouse when so authorized\nby the court that appointed such guardian.\n(E) A guardian authorized under Article 81 of the mental hygiene law,\nwhen so authorized by the court that appointed the guardian.\n(4) Any question arising as to the right of election shall be\ndetermined by the court having jurisdiction of the decedent's estate in\na proceeding brought for that purpose on notice to all interested\npersons in such manner as the court may direct, or in a proceeding for\nthe judicial settlement of the accounts of the personal representative.\n(5) Upon application by a surviving spouse who has made an election\nunder this section, the court may make an order cancelling such\nelection, provided that no adverse rights have intervened and no\nprejudice is shown to creditors of such spouse or other persons\ninterested in the estate. Such application shall be made on notice to\nsuch persons and in such manner as the court may direct. A certified\ncopy of such order shall be indexed and recorded in the same manner as a\nnotice of pendency of an action in the office of the clerk of the county\nin which any real property of the decedent is situated.\n(6) The right of election granted by this section is not available to\nthe spouse of a decedent who was not domiciled in this state at the time\nof death, unless such decedent has elected, under paragraph (h) of\n3-5.1, to have the disposition of his or her property situated in this\nstate governed by the laws of this state.\n(7) The decedent's estate shall include all property of the decedent\nwherever situated.\n(8) An election made by the surviving spouse under this section is in\nlieu of any right of dower to which such spouse may be entitled.\n(9) The references in this paragraph to sections of the United States\nInternal Revenue Code are to the Internal Revenue Code of 1986, as\namended. Such references, however, shall be deemed to constitute\nreferences to any corresponding provisions of any subsequent federal tax\ncode.\n(d) Procedure for exercise of right of election.\n(1) An election under this section must be made within six months from\nthe date of issuance of letters testamentary or of administration, as\nthe case may be, but in no event later than two years after the date of\ndecedent's death, except as otherwise provided in subparagraph 2 of this\nparagraph. Written notice of such election shall be served upon any\npersonal representative in the manner herein provided, or upon a person\nnamed as executor in a will on file in the surrogate's court in a case\nwhere such will has not yet been admitted to probate, and the original\nthereof shall be filed and recorded, with proof of service, in the\nsurrogate's court in which such letters were issued within six months\nfrom the date of the issuance of letters but in no event later than two\nyears from the date of decedent's death, except as otherwise provided in\nsubparagraph 2 of this paragraph. Such notice may be served by mailing a\ncopy thereof, addressed to any personal representative, or to the\nnominated executor, as the case may be, at the place of residence stated\nin the designation required by section 708 of the surrogate's court\nprocedure act, to the domicile address of such nominated executor, or in\nsuch other manner as the surrogate may direct.\n(2) The time to make such election may be extended before expiration\nby an order of the surrogate's court from which such letters issued for\na further period not exceeding six months upon any one application. If\nthe spouse defaults in filing such election within the time provided in\nsubparagraph (1) of this paragraph, the surrogate's court may relieve\nthe spouse from such default and authorize the making of an election\nwithin the period fixed by the order, provided that no decree settling\nthe account of the personal representative has been made and that twelve\nmonths have not elapsed since the issuance of the letters, and two years\nhave not elapsed since the decedent's date of death, in the case of\ninitial application; except that the court may, in its discretion for\ngood cause shown, extend the time to make such election beyond such\nperiod of two years. An application for relief from the default and for\nan extension of time to elect shall be made upon a petition showing\nreasonable cause and on notice to such persons and in such manner as the\nsurrogate may direct. A certified copy of such order shall be indexed\nand recorded in the same manner as a notice of pendency of an action in\nthe office of the clerk of each county in which real property of the\ndecedent is situated.\n(3) The time limited in this paragraph for making an election is\nexclusive and shall not be suspended or otherwise affected by any\nprovision of law, except that the surrogate may, in his or her\ndiscretion, permit an election to be made in behalf of an infant or\nincompetent spouse at any time up to, but no later than, the entry of\nthe decree of the first judicial account of the representative of the\nestate, made more than seven months after the issuance of letters.\n(e) Waiver or release of right of election.\n(1) A spouse, during the lifetime of the other, may waive or release a\nright of election, granted by this section, against a particular or any\nlast will or a testamentary substitute, as described in subparagraph (b)\n(1) made by the other spouse. A waiver or release of all rights in the\nestate of the other spouse is a waiver or release of a right of election\nagainst any such last will or testamentary provision.\n(2) To be effective under this section, a waiver or release must be in\nwriting and subscribed by the maker thereof, and acknowledged or proved\nin the manner required by the laws of this state for the recording of a\nconveyance of real property.\n(3) Such a waiver or release is effective, in accordance with its\nterms, whether:\n(A) Executed before or after the marriage of the spouses.\n(B) Executed before, on or after September first, nineteen hundred\nsixty-six.\n(C) Unilateral in form, executed only by the maker thereof, or\nbilateral in form, executed by both spouses.\n(D) Executed with or without consideration.\n(E) Absolute or conditional.\n(4) If there is in effect at the time of the decedent's death a\nwaiver, or a consent to the decedent's waiver, executed by the surviving\nspouse with respect to any survivor benefit, or right to such benefit,\nunder subsection (a) (11) of section four hundred one or section four\nhundred seventeen of the United States Internal Revenue Code, then such\nwaiver shall be deemed to be a waiver within the meaning of this\nparagraph (e) against the testamentary substitute constituting such\nbenefit.","language":"en","source_class":"regulator","source_date":"2018-08-31","source_kind":null,"checked":"2026-10-18","verification":"quote_in_current_snapshot","verification_fingerprint":{"version":1,"snapshotRepresentation":"wiki_document_snapshot_text_utf8","snapshotSha256":"5fc08e4348a36eed61d2f3616959ab879f6ad196fb2f4be0b2b61b5a1651a100","quoteLiteralSha256":"56dfa1f2c5ba9ec05860272b3fc9e585dfb3c1999bdac884f6186cd7bd7cedf4","membershipRecipe":"wiki_normalize_quote_v1","checkIdentitySha256":"0dc6b507ffd31dd4eb33bdc6e264a96de4abbfc5dca8a1fd071c64fc516c25fc","fingerprintSha256":"6c02ad6f730df6956f06ceb5d777aa18fbe66a22f7653b6246654c9e2a1ae7b9"}}],"articles":[]}],"exceptions":[],"depends_on":[{"axis":"where","name":"where (part of the country)","values":[{"code":"us-ny","name":"New York (state)"}]}],"clarify":[],"note":"Recorded rules are available; their applicability to this case has not been established."},"owner":{"target":{"object":"us","question":"succ.ny.election_context","questionnaire":"succession"},"admissionRevision":"7990362062d5683a45de4adbce5c4baf448dcc8f1f33539ae2687b3f6d5e0fdd","projectionRevision":"4b9ea38e384df36dfb85530af320a22eb93e4bcd778e1330d7bb0619ce3e1983","referenceSha256":"22443b9f334cd182387fdfd70a387e6e652924ce0689f7690e4a2600e512b314","publicItemSha256":"bd9f627dc9029de208a19303047fd3bdb4d55cdad632aa22a51beef27e4be18f","versions":[{"ref":"ans:a7b0a8f2-1cfe-5e93-8476-314bc57f5d59:v1","key":"a7b0a8f2-1cfe-5e93-8476-314bc57f5d59","version":1,"storedAnswerSha256":"ed06923e009031d55f4367704a8ce01a1db790cc6d9c5469f3c051c33dff56ef","presentation":{"ru":{"statement":"c64adbf80eed0805494af41f2d7057710a95d91e480dde9ff1bc4cfca8ed2008","caveat":"87df4912703e486990f818e0d0d1f187c3349f2f10e0c3d2025c786891cb3811"},"en":{"statement":"4df23cc811c5064d53b8d39bbdda8e2353656f86d3f287c90863e1870de97a2b","caveat":"29e5bd9554478d0385e6a6d082a830c5f5293773a8506be1648bb96e3943a961"}}}]}}

A complete reviewed answer to this question is not yet available. Governing law and personal circumstances require separate assessment.