See this week’s entry for a message from Eric Penzer regarding the upcoming Fall meeting of the NYSBA’s Trusts and Estate’s Law Section.
Continue Reading NYSBA Trusts & Estates Law Section to Discuss Recent Decisions
The First Department has issued a noteworthy decision in determining that an in terrorem clause would be triggered by a revocation proceeding. Jaclene D’Agostino discusses the case in this week’s entry.
Continue Reading In Terrorem Clause Construed to Apply to Revocation Proceeding
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 Court of Appeals: Extra Deposition Did Not Violate In Terrorem Clause