| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| May 17, 2022 | referred to judiciary delivered to assembly passed senate |
| May 02, 2022 | advanced to third reading |
| Apr 27, 2022 | 2nd report cal. |
| Apr 26, 2022 | 1st report cal.899 |
| Jan 05, 2022 | referred to judiciary returned to senate died in assembly |
| Jun 01, 2021 | referred to judiciary delivered to assembly passed senate |
| May 19, 2021 | advanced to third reading |
| May 12, 2021 | 2nd report cal. |
| May 11, 2021 | 1st report cal.1007 |
| May 04, 2021 | referred to judiciary |
senate Bill S6503
2021-2022 Legislative Session
Sponsored By
Anna M. Kaplan
(D, IP, WF) 0 Senate District
Archive: Last Bill Status - Passed Senate
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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S6503 (ACTIVE) - Details
S6503 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6503
SPONSOR: KAPLAN
TITLE OF BILL:
An act to amend the estates, powers and trusts law, in relation to the
revocatory effect of divorce and relatives of a former spouse
This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of his Surro-
gate's Court Advisory Committee.
Present § 5-1.4 of the EPTL was added in 2008, on the basis of a study
and recommendation of the Surrogate's Court Advisory Committee and the
T&E Section of the NYSBA. The primary purpose of that 2008 legislation
was to extend the application of former § 5-1.4 to non-probate trans-
fers.
The form of the 2008 legislation was adopted substantially verbatim from
§ 2-804 of the 1990 Uniform Probate Code ("UPC"). However, one of the
aspects of UPC § 2-804 which was not adopted in 2008 (by either this
Committee or the T&E Section) was the provision that expanded the revo-
catory effect of the divorce beyond the divorced spouse of the decedent
to include the "relatives" of the divorced spouse of the decedent.
S6503 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6503
2021-2022 Regular Sessions
I N S E N A T E
May 4, 2021
___________
Introduced by Sen. KAPLAN -- (at request of the Office of Court Adminis-
tration) -- 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, 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.
LBD08874-01-1
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