senate Bill S4591A

Signed By Governor
2011-2012 Legislative Session

Relates to dispositions under wills conditioned upon the beneficiary not contesting the will

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Archive: Last Bill Status Via A6838 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 03, 2011 signed chap.286
Jul 22, 2011 delivered to governor
Jun 21, 2011 returned to assembly
passed senate
3rd reading cal.917
substituted for s4591a
Jun 21, 2011 substituted by a6838a
Jun 06, 2011 advanced to third reading
Jun 02, 2011 2nd report cal.
Jun 01, 2011 1st report cal.917
Apr 25, 2011 print number 4591a
amend and recommit to judiciary
Apr 13, 2011 referred to judiciary

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S4591 - Details

See Assembly Version of this Bill:
A6838A
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §3-3.5, EPT L; amd §1404, SCPA

S4591 - Summary

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.

S4591 - Sponsor Memo

S4591 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4591

                       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

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 OF SUBSTANTIAL IMPORTANCE OR
RELEVANCE WITH RESPECT TO THE VALIDITY OF THE WILL 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
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  OF  SUBSTANTIAL  IMPORTANCE OR RELEVANCE WITH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09323-01-1

S4591A (ACTIVE) - Details

See Assembly Version of this Bill:
A6838A
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §3-3.5, EPT L; amd §1404, SCPA

S4591A (ACTIVE) - Summary

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.

S4591A (ACTIVE) - Sponsor Memo

S4591A (ACTIVE) - Bill Text download pdf

                    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:

  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
will, or any part thereof, is contested, the nominated executors in  the
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

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