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
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