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.
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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.
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