Assembly Bill A7601

Signed By Governor
2019-2020 Legislative Session

Relates to the privilege between a personal representative and the attorney to lifetime trustees

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S6409 - Signed by Governor

  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

2019-A7601 (ACTIVE) - Details

See Senate Version of this Bill:
S6409
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §4503, CPLR

2019-A7601 (ACTIVE) - Summary

Relates to the privilege between a personal representative and the attorney to lifetime trustees.

2019-A7601 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7601
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2019
                                ___________
 
 Introduced  by  M.  of A. DINOWITZ -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on  Judici-
   ary
 
 AN  ACT  to  amend  the civil practice law and rules, in relation to the
   privilege between a personal representative and the attorney to  life-
   time trustees

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 2 of subdivision (a) of section 4503 of the civil
 practice law and rules, as added by chapter 430 of the laws of 2002,  is
 amended to read as follows:
   2.  Personal  representatives. (A) For purposes of the attorney-client
 privilege, if the client is a personal representative and  the  attorney
 represents  the personal representative in that capacity, in the absence
 of an agreement between the attorney and the personal representative  to
 the contrary:
   (i)  No  beneficiary  of  the  estate  is, or shall be treated as, the
 client of the attorney solely by reason of his or her status as  benefi-
 ciary; [and]
   (ii)  The  existence  of a fiduciary relationship between the personal
 representative and a beneficiary  of  the  estate  does  not  by  itself
 constitute  or give rise to any waiver of the privilege for confidential
 communications made in the course of professional employment between the
 attorney or his or her employee and the personal representative  who  is
 the client; AND
   (III)  THE  FIDUCIARY'S  TESTIMONY  THAT  HE  OR SHE HAS RELIED ON THE
 ATTORNEY'S ADVICE SHALL NOT BY ITSELF CONSTITUTE SUCH A WAIVER.
   (B) For purposes of this paragraph,  "personal  representative"  shall
 mean  (i) the administrator, administrator c.t.a., ancillary administra-
 tor, executor, preliminary executor, temporary  administrator,  LIFETIME
 TRUSTEE  or  trustee to whom letters have been issued within the meaning
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.