Discovery in Probate Contests in New York: Examining the Attorney Draftsperson

Before a Will can be admitted to probate, an interested party has a right to inquire into the facts and circumstances surrounding the instrument's preparation and execution. One critical tool is the examination of the attorney draftsperson. In this course, attorney Frank Santoro discusses all of the facets of such an examination, including preparation and the key topics to cover.

Learning Objectives: 

1. Understand the statutory framework (Surrogate's Court Procedure Act) governing pre-objection disclosure in probate contests
2. Identify the potential objections to probate which will frame your examination of the attorney-draftsperson
3. Ensure that you are prepared for the examination with documentary disclosure prior to the examination
4. Chart a course for the attorney-draftsperson's examination
5. Comprehend the rules governing the conduct of depositions in New York and the limitations on discovery in the attorney-draftsperson's deposition
6. Develop techniques for effective examination