Article on New York Estates, Powers and Trusts Law Section 5-1.4

Robert Harper (Farrell Fritz, P.C.)  and Rebecca Goldberg (Bouklas & Associates PLLC) recently published an article entitled, New York Estates, Powers and Trusts Law Section 5-1.4: Why Divorce May Not Do You and Your Ex-Spouse’s Relatives Part, 27 Quinnipiac Prob. L.J. 434-442 (2014). Provided below is the article’s introduction:

New York Estates, Powers and Trusts Law (hereinafter “EPTL”) section 5-1.4 provides that, upon a divorce or the annulment of a marriage, certain provisions in a written instrument concerning powers, dispositions, and appointments of a decedent’s former spouse are revoked. While EPTL section 5-1.4 addresses the effect of a divorce or annulment on a decedent’s former spouse, it does not extend to the powers, dispositions, and appointments of the former spouse’s relatives. As illustrated by the Appellate Division’s recent decision in In re Lewis, and the application of EPTL section 5-1.4 in practice, the Legislature should amend EPTL section 5-1.4 to correct certain inequities. EPTL section 5-1.4 should extend the revocatory effect of divorce or annulment to powers, dispositions, and appointments of the relatives of a decedent’s former spouse.