No New SCPA 2307-a Statement Required Where Codicil Executed Following 2004 Amendment of SCPA 2307-a

In Matter of Moss, __ Misc.3d __, _ N.Y.S.2d __, 2008 NY Slip Op 028338 (Sur. Ct. New York Co. 2008) (decided with Matter of Hess), Surrogate Roth held that where a testatrix had executed a SCPA 2307-a disclosure statement that complied with the then applicable disclosure requirements, her execution of a codicil following the 2004 amendment of the statute (2004 NY Laws ch. 709), which inter alia, added the requirement that the testatrix be informed that by executing a disclosure statement she was freeing the attorney from the l50% limitation on his commissions that would otherwise be applied. The Court held that since the changes made by the codicil did not involve a fiduciary appointment and thus not an occasion for discussion of fiduciary compensation. Query whether the result would have been different if the codicil appointed an attorney as an additional fiduciary or substituted one for another.