S T A T E O F N E W Y O R K
________________________________________________________________________
7520
2019-2020 Regular Sessions
I N A S S E M B L Y
May 8, 2019
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Introduced by M. of A. SEAWRIGHT, DINOWITZ -- (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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10065-01-9