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New York Trusts & Estates Litigation

Tag Archives: SCPA 1404

Court of Appeals: Extra Deposition Did Not Violate In Terrorem Clause

Posted in Probate
Last week, the Court of Appeals rendered a significant decision regarding the extent of discovery that may be conducted without triggering an in terrorem clause. In Matter of Singer, objections to probate were never filed. However, the issue presented was whether a beneficiary's decision to depose the decedent's prior attorney, a form of discovery not protected by the safe harbor provisions of EPTL 3-3.5 or SCPA 1404, triggered the two in terrorem clauses set forth in the propounded will. Jaclene D'Agostino discusses the case in this week's blog entry.… Continue Reading