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Not a debate on the issue. Need to know exactly what it is and how it works
When there’s a Rabbinic way.
Halacha has specific instructions on who to distribute an estate to. The eldest child, if a son, receives a double portion. The rest of the sons receive a single portion. If a person wishes to distribute it differently than Halacha specifies, he needs to make special instructions.
My understanding is that if a father wants to leave assets to a daughter, he gifts it to her the moment before he passes. I think that’s how a Halachik will works. CYLOR
MDG is correct, but get an experienced Frum attorney to draw it up for you, and don’t even contemplate trying to do this yourself.
The problem is that secular wills – by their rules – take effect – Li’achar Misah. And at that point, the dinim of yerusha take effect – So a regular secular will violates the dinim of yerusha.
There really isn’t that much of a problem with distributing assets among your children al pi halacha. the real difficulty is is how halacha and the laws of the State of New York deal with your wife. According to law, you cannot disinherit your wife. she is entitled to half of your estate. This is in contradistinction of what halacha allows which is only the amount stipulated in her cesubah (including any tosefta thereto.). It would be an exceptionally wise and thoughtful choson who makes some stipulation in the tosefta to hte cesubah dealing with this issue. Maybe mesadrim Kidushin ought to think about this in addition to what they usually think about .
A halachic will is valid according to both Halacha and the secular law of the particular jurisdiction.
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