LGBT advocates have pointed to the inheritance rights of spouses as desirable for same-sex couples as well, through same-sex marriage or civil unions. Opponents of such advocacy rebut this claim by pointing to the ability of same-sex couples to disperse their assets by will. Historically, however, it was observed that "[e]ven if a same-sex partner executes a will, there is risk that the survivor will face prejudice in court when disgruntled heirs challenge the will",Eugene F. Scoles, Problems and Materials on Decedents' Estates and Trusts (2000), p. 39. with courts being more willing to strike down wills leaving property to a same-sex partner on such grounds as incapacity or undue influence.Chuck Stewart, Homosexuality and the Law: A Dictionary (2001), p. 310.See also, for example, In Re Kaufmann's Will, 20 A.D.2d 464, 247 N.Y.S.2d 664 (1964), aff'd, 15 N.Y.2d 825, 257 N.Y.S.2d 941, 205 N.E.2d 864 (1965).
LGBT advocates have pointed to the inheritance rights of spouses as desirable for same-sex couples as well through same-sex marriage or civil un,ions. Opponents of such advocacy rebut this claim by pointing to the ability of same-sex couples to disperse their assets by will. Historically, however, it was observed that "[e]ven if a same-sex partner executes a will, there is risk that the survivor will face prejudice in court when disgruntled heirs challenge the will",Eugene F. Scoles, Problems and Materials on Decedents' Estates and Trusts (2000), p. 39. with courts being more willing to strike down wills leaving property to a same-sex partner on such grounds as incapacity or undue influence.Chuck Stewart, Homosexuality and the Law: A Dictionary (2001), p. 310.See also, for example, In Re Kaufmann's Will, 20 A.D.2d 464, 247 N.Y.S.2d 664 (1964), aff'd, 15 N.Y.2d 825, 257 N.Y.S.2d 941, 205 N.E.2d 864 (1965).