At a New York Surrogate's Court Procedures Act “SCPA § 1404” hearing testimony will generally take off the attorney who drafted the Will, supervised its execution, together with the depositions of the subscribing witnesses, to determine if the Will is consistent with the Decedent's intentions and that the Will was read and reviewed by the testator.
SCPA § 1404 estate litigation is a serious matter with major consequences and should not be taken lightly. To determine if there are enough grounds to object to the probate of a Will an SCPA § 1404 examination may be necessary to determine the validity of the Will. An SCPA § 1404 examination is conducted similar to deposition and allows a party to examine the following persons before or after the filing of an objection:
- The draftsperson of the Will;
- The attesting witnesses of the Will execution;
- If the Will contains a provision designed to prevent a disposition or distribution from taking effect in case the Will, or any part thereof, is contested, the nominated Executors in the Will and the proponents; or
- Any person whose examination the court determines may provide information with respect to the validity of the Will that is of substantial importance or relevance to a decision to file objections to the Will.
Given the serious financial consequences that flow from a Will contest, you must get a knowledgeable and experienced attorney to conduct the SCPA § 1404 examination.
Bronx probate lawyer, Bryan J Hutchinson, is knowledgeable in helping the residents of the Bronx, Queens, Brooklyn, and Manhattan in all phases of a New York probate and administration proceeding. If you need help conducting or defending an SCPA § 1404 examination, then call the Law Office of Bryan J. Hutchinson, PLLC at (718) 671-0900 to protect your rights.