Bill Text: NY S04591 | 2011-2012 | General Assembly | Amended
Bill Title: 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 "no contest" clause.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-06-21 - SUBSTITUTED BY A6838A [S04591 Detail]
Download: New_York-2011-S04591-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4591--A
2011-2012 Regular Sessions
I N S E N A T E
April 13, 2011
___________
Introduced by Sen. BONACIC -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Judiciary -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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
19 will, or any part thereof, is contested, the nominated executors in the
20 will and the proponents AND, UPON APPLICATION TO THE COURT BASED UPON
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09323-03-1
S. 4591--A 2
1 SPECIAL CIRCUMSTANCES, ANY PERSON WHOSE EXAMINATION THE COURT DETERMINES
2 MAY PROVIDE INFORMATION WITH RESPECT TO THE VALIDITY OF THE WILL THAT IS
3 OF SUBSTANTIAL IMPORTANCE OR RELEVANCE TO A DECISION TO FILE OBJECTIONS
4 TO THE WILL. No person who has been examined as a witness under this
5 section shall be examined in the same proceeding under any other
6 provision of law except by direction of the court. The attesting
7 witnesses, the person who prepared the will, the nominated executors in
8 the will and the proponents may be examined as to all relevant matters
9 which may be the basis of objections to the probate of the propounded
10 instrument. There shall be made available to the party conducting such
11 examination, all rights granted under article 31 of the civil practice
12 law and rules with respect to document discovery.
13 S 3. This act shall take effect immediately and shall apply only to
14 estates of decedents who shall have died on and after such effective
15 date.
