Assembly Bill A6838A

                            
                    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:

  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.