Bill Text: NY S05684 | 2015-2016 | General Assembly | Introduced


Bill Title: Relates to the revocatory effect of divorce.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-06-17 - COMMITTED TO RULES [S05684 Detail]

Download: New_York-2015-S05684-Introduced.html
                           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:
    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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