The hot and hazy days of summer did not slow down the Surrogate's Courts as they issued numerous decisions impacting the field of trusts and estates. Addressed to such issues as standing, status, and the disqualification of counsel, the Surrogate's Court opinions discussed in this month's column provide valuable guidance to the estate practitioner.

Prenuptial Agreement Bars Spousal Right To Engage in SCPA 1404 Examinations

In In re Miller, NYLJ, July 21, 2022, at 37 (Sur. Ct. Westchester County), the preliminary executors of the estate moved, inter alia, to strike the notice of appearance filed by the decedent's spouse on the ground that she lacked standing to file objections to probate by virtue of a prenuptial agreement entered with the decedent.

In pertinent part, the terms of the agreement provided that the parties waived, released and relinquished any all rights they had in the estate of the other upon death, or to act as executor or administrator, or to participate in the administration thereof, or to assert a right of election to take against any will or codicil of the other. Notably, the agreement acknowledged the specific intention of the parties that their respective estates were to be administered and distributed in all respects as though there was no surviving spouse.