Himmel & Bernstein LLP

In its February 7, 2018 decision in Matter of Koegel, the Appellate Division, Second Department, held that defects in the acknowledgment forms in a 30-year old prenuptial agreement, i.e., the failure of the notary to recite that he knew the signatory, could be cured following the death of one of the parties.

Irene and John Koegel were married in August, 1984. Mr. Koegel had been widowed twice before marrying Irene. Mrs. Koegel had been widowed in July 1983. The Koegels were married for more than 29 years at the time of Mr. Koegel’s death in 2014. A month before their marriage, the Koegels had executed a prenuptial agreement.

Among other provisions the agreement provided that the parties ‘would not make a claim as a surviving spouse on any part of the estate of the other. Further, they irrevocably waived and relinquished ‘all right[s] to . . . any elective or statutory share granted under the laws of any jurisdiction.’ Both the decedent and Irene desired that their marriage ‘shall not in any way change their pre-existing legal right, or that of their respective children and heirs, in the property belonging to each of them at the time of said marriage or thereafter acquired.’


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