New York Law Update

Elizabeth A. Hartnett, a partner in Mackenzie Hughes LLP (Syracuse, New York) has recently published an article detailing recent changes to New York law.  Estates and Trusts, 55 Syracuse L. Rev. 981 (2005).

Here is the introduction to Ms. Hartnett’s article:

Actions by the Legislature in this Survey year were generally limited to refining provisions of the laws designed to protect or assist estate and trust beneficiaries and their fiduciaries. Probate litigation continues to require the courts to parse the distinctions between “undue influence” and “fraud” and their respective burdens of proof. Extrinsic evidence to support construction proceedings has been extended to include an attorney-drafter’s affidavit and the testator’s correspondence with the attorney-drafter. Judicial oversight of the administration of estates and trusts continues to hold both the fiduciary and his attorney to the highest of standards. The use of DNA testing to establish inheritance, discussed in last year’s Survey, has further expanded to include posthumous tests in certain circumstances.