attesting witness

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In a decision that could well cause even the most casual trusts and estates practitioners to scratch their proverbial heads in wonder, the Appellate Division, Third Department, in Matter of Buchting, 111 AD3d 1114, 975 NYS2d 794 (3d Dept 2013), recently affirmed the determination of the Surrogate’s Court, Greene County, dismissing a “due execution” objection to probate, notwithstanding that both attesting witnesses invoked their Fifth Amendment rights against self-incrimination and refused to testify at their SCPA 1404 examination concerning the execution of the will. Eric Penzer discusses the decision in our latest entry.
Continue Reading “Easy” Cases Make Bad Law Too

Surrogate Holzman of Bronx County recently addressed the issue of whether New York’s witness beneficiary rule would serve to invalidate bequests to a witness and only beneficiary of a will that had been executed outside of this jurisdiciton. Jaclene D’Agostino discusses the decision in our most recent entry.
Continue Reading Witness Beneficiary Rule Applicable to Instrument Executed Outside of New York?

In Matter of Smith, the nominated executor of an estate sought to dispense with the testimony of one of the attesting witnesses at the SCPA 1404 stage of a probate proceeding. The court denied the motion, explaining that the statutory requirements had not been satisfied. Jaclene D’Agostino discusses the decision in our latest blog entry.
Continue Reading Motion to Dispense with Testimony of Uncooperative Attesting Witness Denied