Assembly Bill A7798

2021-2022 Legislative Session

Relates to the revocatory effect of divorce

download bill text pdf

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Archive: Last Bill Status - In Assembly 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

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2021-A7798 (ACTIVE) - Details

See Senate Version of this Bill:
S6503
Current Committee:
Assembly Judiciary
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §5-1.4, EPT L
Versions Introduced in 2019-2020 Legislative Session:
A7520, S6175

2021-A7798 (ACTIVE) - Summary

Relates to the revocatory effect of divorce.

2021-A7798 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7798
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 21, 2021
                                ___________
 
 Introduced  by  M. of A. SEAWRIGHT -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on  Judici-
   ary
 
 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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