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Assembly Bill A7638

2015-2016 Legislative Session

Relates to the revocatory effect of divorce

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Archive: Last Bill Status - On Floor Calendar

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2015-A7638 (ACTIVE) - Details

See Senate Version of this Bill:
S5684
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd ยง5-1.4, EPT L
Versions Introduced in 2017-2018 Legislative Session:
A6229, S6503

2015-A7638 (ACTIVE) - Summary

Relates to the revocatory effect of divorce.

2015-A7638 (ACTIVE) - Bill Text download pdf 

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

                                  7638

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced by M. of A. SEAWRIGHT, WEINSTEIN -- (at request of the Office
  of Court Administration) -- read once and referred to the Committee on
  Judiciary

AN  ACT  to amend the estates, powers and trusts law, in relation to the
  revocatory effect of divorce and relatives of a former spouse

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  5-1.4  of  the estates, powers and trusts law is
amended by adding a new paragraph (g) to read as follows:
  (G) THE REVOCATORY EFFECT OF PARAGRAPH (A) SHALL BE PRESUMED TO  APPLY
TO  A  PERSON  IN  ANY  RELATIONSHIP TO THE DIVORCED INDIVIDUAL THAT WAS
BASED UPON SAID MARRIAGE, INCLUDING BUT  NOT  LIMITED  TO  STEPCHILDREN,
STEPGRANDCHILDREN   AND  PARENTS-IN-LAW,  UNLESS  THERE  IS  SUBSTANTIAL
EVIDENCE OF THE DIVORCED INDIVIDUAL'S CONTRARY INTENTION. TESTIMONY WITH
REGARD TO SUCH INTENTION SHALL  NOT  BE  DISQUALIFIED  UNDER  CPLR  4519
PROVIDED THAT SUCH TESTIMONY IS SUPPORTED BY OTHER EVIDENCE.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08833-01-5

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