Agreement to convey property previously disposed of by will not · as in force on May 31, 2026
§ 3-4.2 Agreement to convey property previously disposed of by will not
a revocation
An agreement made by a testator to convey any property does not revoke a prior testamentary disposition of such property; but such property passes under the will to the beneficiaries, subject to whatever rights were created by such agreement.
A testator’s agreement to convey property does not revoke an earlier will gift of that property; the beneficiary takes under the will subject to the rights created by the agreement. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.