Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 17, 2016 |
committed to rules |
May 09, 2016 |
advanced to third reading |
May 05, 2016 |
2nd report cal. |
May 04, 2016 |
1st report cal.669 |
Jan 06, 2016 |
referred to judiciary |
Jun 25, 2015 |
committed to rules |
Jun 08, 2015 |
advanced to third reading |
Jun 03, 2015 |
2nd report cal. |
Jun 02, 2015 |
1st report cal.1229 |
May 27, 2015 |
referred to judiciary |
Senate Bill S5684
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2015-S5684 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7638
- Current Committee:
- Senate Rules
- Law Section:
- Estates, Powers and Trusts Law
- Laws Affected:
- Amd §5-1.4, EPT L
- Versions Introduced in 2017-2018 Legislative Session:
-
S6503, A6229
2015-S5684 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5684 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 her Surrogate's Court Advisory Committee. Present section 5-1.4 of the EPTL was added in 2008, on the basis of a study and recommendation of our Advisory Committee and the T&E Section of the New York State Bar Association. The primary purpose of that 2008 legislation was to extend the application of former § 5-1.4 to non-probate transfers. 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 (nor called for either by our Committee or the T&E Section) was the provision that expanded the revocatory effect of the divorce beyond the divorced spouse of the decedent to include the "relatives" of the divorced spouse of the decedent. As a result of the recent Fourth Department decision in Estate of
2015-S5684 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5684 2015-2016 Regular Sessions I N S E N A T E May 27, 2015 ___________ 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, 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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