Legislation
ARTICLE 5
Family Rights
Estates, Powers & Trusts (EPT) CHAPTER 17-B
ARTICLE 5
FAMILY RIGHTS
PART 1. RIGHTS OF SURVIVING SPOUSE
Section 5-1.1 Right of election by surviving spouse.
5-1.1-A Right of election by surviving spouse.
5-1.2 Disqualification as surviving spouse.
5-1.3 Revocatory effect of marriage after execution of will.
5-1.4 Revocatory effect of divorce, annulment or declaration
of nullity, or dissolution of marriage on disposition,
appointment, provision, or nomination regarding a
former spouse.
PART 3. RIGHTS OF FAMILY UNIT
Section 5-3.1 Exemption for benefit of family.
5-3.2 Revocatory effect of birth of child after execution of
will.
5-3.4 Action in supreme court by child born after execution of
will, by surviving spouse upon revocation of will by
marriage or by subscribing witness with interest under
will.
PART 4. RIGHTS OF MEMBERS OF FAMILY RESULTING FROM WRONGFUL ACT,
NEGLECT OR DEFAULT CAUSING DEATH OF DECEDENT
Section 5-4.1 Action by personal representative for wrongful act,
neglect or default causing death of decedent.
5-4.2 Trial and burden of proof of contributory negligence.
5-4.3 Amount of recovery.
5-4.4 Distribution of damages recovered.
5-4.5 Non-marital children.
5-4.6 Application to compromise action.
FAMILY RIGHTS
PART 1. RIGHTS OF SURVIVING SPOUSE
Section 5-1.1 Right of election by surviving spouse.
5-1.1-A Right of election by surviving spouse.
5-1.2 Disqualification as surviving spouse.
5-1.3 Revocatory effect of marriage after execution of will.
5-1.4 Revocatory effect of divorce, annulment or declaration
of nullity, or dissolution of marriage on disposition,
appointment, provision, or nomination regarding a
former spouse.
PART 3. RIGHTS OF FAMILY UNIT
Section 5-3.1 Exemption for benefit of family.
5-3.2 Revocatory effect of birth of child after execution of
will.
5-3.4 Action in supreme court by child born after execution of
will, by surviving spouse upon revocation of will by
marriage or by subscribing witness with interest under
will.
PART 4. RIGHTS OF MEMBERS OF FAMILY RESULTING FROM WRONGFUL ACT,
NEGLECT OR DEFAULT CAUSING DEATH OF DECEDENT
Section 5-4.1 Action by personal representative for wrongful act,
neglect or default causing death of decedent.
5-4.2 Trial and burden of proof of contributory negligence.
5-4.3 Amount of recovery.
5-4.4 Distribution of damages recovered.
5-4.5 Non-marital children.
5-4.6 Application to compromise action.