Relates to probate proceedings involving wills which contain a provision that disposition is conditioned upon the beneficiary not contesting the will; clarifies scope of disclosure authorized where a will contains a "no contest" clause.
Sponsor: Titone (MS) / Multi-sponsor(s): Abinanti, Wright / Co-sponsor(s): Weinstein, Lancman, Weprin, Zebrowski, Bronson, Colton, Cook, Jaffee, Markey, Stevenson
Law Section: Estates, Powers and Trusts Law / Law: Amd S3-3.5, EPT L; amd S1404, SCPA
Sponsor: Titone (MS) / Multi-sponsor(s): Abinanti, Wright / Co-sponsor(s): Weinstein, Lancman, Weprin, Zebrowski, Bronson, Colton, Cook, Jaffee, Markey, Stevenson
Law Section: Estates, Powers and Trusts Law / Law: Amd S3-3.5, EPT L; amd S1404, SCPA
A6838A-2011 Actions
- Aug 3, 2011: signed chap.286
- Jul 22, 2011: delivered to governor
- Jun 21, 2011: RETURNED TO ASSEMBLY
- Jun 21, 2011: PASSED SENATE
- Jun 21, 2011: 3RD READING CAL.917
- Jun 21, 2011: SUBSTITUTED FOR S4591A
- May 17, 2011: RECOMMITTED TO JUDICIARY
- May 17, 2011: returned to senate
- May 17, 2011: repassed assembly
- May 10, 2011: amended on third reading 6838a
- May 10, 2011: vote reconsidered - restored to third reading
- May 10, 2011: RETURNED TO ASSEMBLY
- May 10, 2011: recalled from senate
- May 4, 2011: REFERRED TO JUDICIARY
- May 4, 2011: delivered to senate
- May 4, 2011: passed assembly
- Apr 28, 2011: advanced to third reading cal.234
- Apr 12, 2011: reported
- Apr 5, 2011: referred to judiciary
A6838A-2011 Votes
VOTE: FLOOR VOTE:
- Jun 21, 2011
Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
A6838A-2011 Text
S T A T E O F N E W Y O R K
6838--A
Cal. No. 234 2011-2012 Regular Sessions I N ASSEMBLY April 5, 2011
Introduced by M. of A. TITONE, WEINSTEIN, LANCMAN, WEPRIN, ZEBROWSKI, BRONSON, COLTON, COOK, JAFFEE, MARKEY, STEVENSON -- Multi-Sponsored by -- M. of A. ABINANTI, WRIGHT -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Judici ary -- passed by Assembly and delivered to the Senate, recalled from the Senate, vote reconsidered, bill amended, ordered reprinted, retaining its place on the order of third reading
AN ACT to amend the estates, powers and trusts law and the surrogate's court procedure act, in relation to examinations before trial where the will contains a provision conditioning a disposition on the bene ficiary of the disposition not contesting the will
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1. Item (D) of subparagraph 3 of paragraph (b) of section 3-3.5 of the estates, powers and trusts law, as amended by chapter 514 of the laws of 1993, is amended to read as follows:
(D) The preliminary examination, under SCPA 1404, of a proponent's witnesses, the person who prepared the will, the nominated executors and the proponents in a probate proceeding AND, UPON APPLICATION TO THE COURT BASED UPON SPECIAL CIRCUMSTANCES, ANY PERSON WHOSE EXAMINATION THE COURT DETERMINES MAY PROVIDE INFORMATION WITH RESPECT TO THE VALIDITY OF THE WILL THAT IS OF SUBSTANTIAL IMPORTANCE OR RELEVANCE TO A DECISION TO FILE OBJECTIONS TO THE WILL.
S 2. Subdivision 4 of section 1404 of the surrogate's court procedure act, as amended by chapter 576 of the laws of 1996, is amended to read as follows:
4. In all cases the proofs must be reduced to writing. Any party to the proceeding, before or after filing objections to the probate of the will, may examine any or all of the attesting witnesses, the person who prepared the will, and if the will contains a provision designed to prevent a disposition or distribution from taking effect in case the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09323-02-1
A. 6838--A 2 will, or any part thereof, is contested, the nominated executors in the will and the proponents AND, UPON APPLICATION TO THE COURT BASED UPON SPECIAL CIRCUMSTANCES, ANY PERSON WHOSE EXAMINATION THE COURT DETERMINES MAY PROVIDE INFORMATION WITH RESPECT TO THE VALIDITY OF THE WILL THAT IS OF SUBSTANTIAL IMPORTANCE OR RELEVANCE TO A DECISION TO FILE OBJECTIONS TO THE WILL. No person who has been examined as a witness under this section shall be examined in the same proceeding under any other provision of law except by direction of the court. The attesting witnesses, the person who prepared the will, the nominated executors in the will and the proponents may be examined as to all relevant matters which may be the basis of objections to the probate of the propounded instrument. There shall be made available to the party conducting such examination, all rights granted under article 31 of the civil practice law and rules with respect to document discovery.
S 3. This act shall take effect immediately and shall apply only to estates of decedents who shall have died on and after such effective date.
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