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 A S S E M B L Y 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: 1 Section 1. Item (D) of subparagraph 3 of paragraph (b) of section 2 3-3.5 of the estates, powers and trusts law, as amended by chapter 514 3 of the laws of 1993, is amended to read as follows: 4 (D) The preliminary examination, under SCPA 1404, of a proponent's 5 witnesses, the person who prepared the will, the nominated executors and 6 the proponents in a probate proceeding AND, UPON APPLICATION TO THE 7 COURT BASED UPON SPECIAL CIRCUMSTANCES, ANY PERSON WHOSE EXAMINATION THE 8 COURT DETERMINES MAY PROVIDE INFORMATION WITH RESPECT TO THE VALIDITY OF 9 THE WILL THAT IS OF SUBSTANTIAL IMPORTANCE OR RELEVANCE TO A DECISION TO 10 FILE OBJECTIONS TO THE WILL. 11 S 2. Subdivision 4 of section 1404 of the surrogate's court procedure 12 act, as amended by chapter 576 of the laws of 1996, is amended to read 13 as follows: 14 4. In all cases the proofs must be reduced to writing. Any party to 15 the proceeding, before or after filing objections to the probate of the 16 will, may examine any or all of the attesting witnesses, the person who 17 prepared the will, and if the will contains a provision designed to 18 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 1 will, or any part thereof, is contested, the nominated executors in the 2 will and the proponents AND, UPON APPLICATION TO THE COURT BASED UPON 3 SPECIAL CIRCUMSTANCES, ANY PERSON WHOSE EXAMINATION THE COURT DETERMINES 4 MAY PROVIDE INFORMATION WITH RESPECT TO THE VALIDITY OF THE WILL THAT IS 5 OF SUBSTANTIAL IMPORTANCE OR RELEVANCE TO A DECISION TO FILE OBJECTIONS 6 TO THE WILL. No person who has been examined as a witness under this 7 section shall be examined in the same proceeding under any other 8 provision of law except by direction of the court. The attesting 9 witnesses, the person who prepared the will, the nominated executors in 10 the will and the proponents may be examined as to all relevant matters 11 which may be the basis of objections to the probate of the propounded 12 instrument. There shall be made available to the party conducting such 13 examination, all rights granted under article 31 of the civil practice 14 law and rules with respect to document discovery. 15 S 3. This act shall take effect immediately and shall apply only to 16 estates of decedents who shall have died on and after such effective 17 date.