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S8298Senate2009-2010 SessionSame asA11316

Requires the person establishing a lifetime trust to execute and acknowledge such trust

Sponsor John L. SampsonSD-19
Status
Senate Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via A11316

What's happening

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Who cares

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Sponsors

Primary sponsor
John L. Sampson

Senator · Senate District 19

No co-sponsors yet.

History

  1. Substituted by A11316
  2. Ordered to third reading cal.1205
  3. Referred to rules

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A11316Assembly

Requires the person establishing a lifetime trust to execute and acknowledge such trust

Signed by Governor · Sponsor David Weprin

Signed into law

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S8298

Title of bill

An act to amend the estates, powers and trusts law, in relation to the execution and acknowledgment of lifetime trusts

Purpose of bill

This bill amends EPTL § 7-1.17 to clarify that a lifetime trust must be executed by the person establishing such trust, who need not be the "creator" of such trust as defined in EPTL § 1-2.2.

Justification

EPTL § 7-1.17 was enacted in 1997 to require that lifetime trusts, in order to be valid, must be in writing and either acknowledged or witnessed by two witnesses. The section requires that the trust must be executed by the "initial creator" of the trust, which inadvertently invokes the definition of "creator" in EPTL § 1-2.2: "A creator is a person who makes a disposition of property."

The law is well established in this state that a trust may be created by a person other than the person who contributes property to the trust. For example, an executor may be authorized to create a trust for a beneficiary to receive property disposed of by a decedent's will. In such case, the decedent would be considered the "creator" pursuant to EPTL § 1-2.2, and under a literal reading of existing EPTL § 7-1.17, the executor would be unable to create the trust.

This bill would delete the phrases "initial creator" and "such creator" and replace them with "person establishing such trust" and "such person", thereby carrying out the intention of the 1997 legislation and eliminating the problem created by the inadvertent use of the word "creator".

Legislative history

New bill, 2010.

Fiscal implications for state and local governments

None.

Effective date

Immediately and shall apply to all lifetime trusts created on or after December 25, 1997.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.