In re Estaste of Singer, 920 N.E.2d 943 (N.Y. 2009): New York law provides that deposing the witnesses to a will, the nominated executors, the person who prepared the will, and the persons offering the will for probate does not violate a no contest clause in the will. In in re Estate of Singer, the testator’s son deposed the lawyer who drafted a previous will but then decided not to contest probate and the will was admitted without objection. The executor, the testator’s daughter, then commenced a construction proceeding seeking a declaration that son had violated the no contest clause by deposing a person not included in the statutory safe harbor language. The Surrogate agreed, declared that son had forfeited his gift under the will and the Appellate Division affirmed.
The Court of Appeals, reversed, holding that the statutory list was not exclusive and that son had not violated the no contest clause because he did not file objections to probate.
See In re Estaste of Singer, 920 N.E.2d 943 (N.Y. 2009)
