Bill Text: NY A07638 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to the revocatory effect of divorce.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2016-02-26 - advanced to third reading cal.400 [A07638 Detail]
Download: New_York-2015-A07638-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7638 2015-2016 Regular Sessions I N A S S E M B L Y May 20, 2015 ___________ Introduced by M. of A. SEAWRIGHT, WEINSTEIN -- (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: 1 Section 1. Section 5-1.4 of the estates, powers and trusts law is 2 amended by adding a new paragraph (g) to read as follows: 3 (G) THE REVOCATORY EFFECT OF PARAGRAPH (A) SHALL BE PRESUMED TO APPLY 4 TO A PERSON IN ANY RELATIONSHIP TO THE DIVORCED INDIVIDUAL THAT WAS 5 BASED UPON SAID MARRIAGE, INCLUDING BUT NOT LIMITED TO STEPCHILDREN, 6 STEPGRANDCHILDREN AND PARENTS-IN-LAW, UNLESS THERE IS SUBSTANTIAL 7 EVIDENCE OF THE DIVORCED INDIVIDUAL'S CONTRARY INTENTION. TESTIMONY WITH 8 REGARD TO SUCH INTENTION SHALL NOT BE DISQUALIFIED UNDER CPLR 4519 9 PROVIDED THAT SUCH TESTIMONY IS SUPPORTED BY OTHER EVIDENCE. 10 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