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New York Consolidated Laws, Surrogate's Court Procedure Act
https://codes.findlaw.com/ny/surrogates-court-procedure-act/scp-sect-1404/
WEBNew York Consolidated Laws, Surrogate's Court Procedure Act - SCP § 1404. Witnesses to be examined; proof required Current as of January 01, 2021 | Updated by FindLaw Staff
DA: 40 PA: 86 MOZ Rank: 73
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SCPA 1404 Discovery (Will Contest) Regina Kiperman, Esq., RK …
https://rklawny.com/scpa-1404-discovery/
WEBSep 1, 2023 · Pursuant SCPA § 1404, a party seeking to challenge a Will can examine the following individuals: The individuals that witnessed the will execution; The person who prepared the will; The nominated executors and the proponent of the will if there is a provision in the will that prevents distribution if the will is contested;
DA: 100 PA: 57 MOZ Rank: 94
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NYS Open Legislation | NYSenate.gov
https://www.nysenate.gov/legislation/laws/SCP/1404
WEBSep 22, 2014 · § 1404. Witnesses to be examined; proof required 1. Except as otherwise provided in this article, 2 at least, of the attesting witnesses must be produced before the court and examined before a written will is admitted to probate if so many of the witnesses are within the state and competent and able to testify. 2.
DA: 31 PA: 73 MOZ Rank: 3
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Conducting SCPA 1404 Discovery - New York State Bar …
https://nysba.org/WorkArea/DownloadAsset.aspx?id=75345
WEB• Purpose of SCPA 1404 discovery • Standing to seek SCPA 1404 discovery • Timing and content of a demand for SCPA 1404 • Examinations - Identifying persons who may be examined; expanding the universe of deponents under SCPA 1404(4) and EPTL 3-3.5(b)(3)(D) • Effects of the safe harbor provisions of EPTL 3-3.5 • Allocation of ...
DA: 92 PA: 5 MOZ Rank: 1
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SCPA 1404 Discovery in Surrogate's Court: A Comprehensive …
https://www.nycprobate.com/probate-blog/scpa-1404-discovery-in-surrogates-court-a-comprehensive-overview/
WEBMar 21, 2023 · This article will provide a comprehensive overview of SCPA 1404 discovery, including its purpose, procedures, and limitations. Purpose of SCPA 1404 Discovery. SCPA 1404 discovery is governed by the Surrogate’s Court Procedure Act …
DA: 2 PA: 73 MOZ Rank: 20
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Conducting SCPA 1404 Discovery Updated Case Citations …
https://nysba.org/WorkArea/DownloadAsset.aspx?id=75328
WEBpursuant to SCPA § 1410 has Standing to seek SCPA § 1404 Pre-Objection Discovery – this necessarily incudes interested parties that have a (contingent or present) pecuniary interest in the Estate, and would be adversely effected by the admission of a later in time instrument to Probate.
DA: 54 PA: 58 MOZ Rank: 52
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New York State Bar Association Conducting SCPA 1404 …
https://www.gss-law.com/wpw/wp-content/themes/gss-law/pdfs/Conducting-1404-Discovery-by-Anne.pdf
WEBConducting SCPA 1404 Discovery by Anne C. Bederka. 1. The purpose of SCPA 1404 discovery is to allow potential challengers to a propounded will to test the instrument’s validity before deciding whether to proceed with litigation. This pre-litigation discovery recognizes courts’ paramount interest in admitting only valid wills to probate.
DA: 48 PA: 75 MOZ Rank: 52
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Contesting a Will in New York / SCPA 1404 • Ely J. Rosenzveig
https://www.ejrosenlaw.com/contesting-a-will-in-new-york-scpa-1404/
WEBFeb 22, 2022 · The goal of SCPA §1404 is to discourage the commencement of unfounded will contests by providing pre-objection Discovery to any potential objector so they can determine whether the required legal grounds exist to support their proceeding with a formal challenge of the proposed will in Court.
DA: 4 PA: 34 MOZ Rank: 2
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A Reminder that Pre-Objection SCPA § 1404 Exams are Not …
https://www.nyestatelitigationblog.com/2019/10/articles/probate/a-reminder-that-pre-objection-scpa-%c2%a7-1404-exams-are-not-simply-article-31-depositions/
WEBOct 16, 2019 · SCPA § 1404 requires that “at least two attesting witnesses must be produced before the court and examined before a written will is admitted to probate.” Very often, litigators think of examinations pursuant to SCPA § 1404 as examinations before trial that are conducted under Article 31 of the CPLR.
DA: 12 PA: 60 MOZ Rank: 24
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Anatomy of a Probate Contest, Part 3: SCPA 1404 Examinations
https://www.law.com/newyorklawjournal/2019/07/03/anatomy-of-a-probate-contest-part-3-scpa-1404-examinations/
WEBJul 3, 2019 · In their Trusts and Estates Law column, C. Raymond Radigan and Jennifer F. Hillman provide some practical insights into the SCPA 1404 process and procedure. July 03, 2019 at 02:00 PM. 1 minute...
DA: 91 PA: 87 MOZ Rank: 12