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A07750 Summary:

Add 1510, SCPA
Provides a mechanism for establishing the existence of a writing creating or amending a lifetime trust which was either lost or destroyed.
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A07750 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                      June 6, 2023
        Introduced by M. of A. LAVINE -- read once and referred to the Committee
          on Judiciary
        AN  ACT  to  amend  the  surrogate's court procedure act, in relation to
          proof of lost or destroyed trusts
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The surrogate's court procedure act is amended by adding a
     2  new section 1510 to read as follows:
     3  § 1510. Proof of lost or destroyed trust
     4    1. A lost or destroyed trust may be proved in a proceeding only if:
     5    (a) Execution of the trust and any amendments thereto  are  proved  in
     6  the  manner  required  by  New York law, or by the applicable law of the
     7  situs at the time of execution;
     8    (b) The trust has not been revoked; and
     9    (c) All of the provisions of the trust are established by  a  copy  or
    10  draft  of the trust proved to be true and complete, or in the absence of
    11  copy or draft of the trust, by establishing the following:
    12    (i) the designated trustee of the trust;
    13    (ii) the designated beneficiary or beneficiaries of the trust;
    14    (iii) the dispositive provisions of the trust; and
    15    (iv) that identifiable assets were transferred to and are held in  the
    16  trust.
    17    2.  There  shall  be a presumption of due execution where it is estab-
    18  lished that assets were transferred to the trust.
    19    3. There shall be a presumption that the trust was not revoked.
    20    4. In any proceeding to prove a lost or destroyed trust:
    21    (a) The person or persons seeking to challenge  the  validity  of  the
    22  trust  shall  have  the  burden of proof to establish that the trust has
    23  been revoked; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 7750                             2
     1    (b) The person or persons seeking to prove the validity of  the  trust
     2  shall  have  the  burden of proof on the requirements contained in para-
     3  graphs (a) and (c) of subdivision one of this section.
     4    5. Process must issue to the following persons, if not petitioners, in
     5  a  proceeding  to  establish  or  challenge  the  validity  of a lost or
     6  destroyed trust:
     7    (a) All nominated trustees of the trust;
     8    (b) All persons designated as beneficiaries of the trust;
     9    (c) All distributees of the settlor, unless the court  dispenses  with
    10  such process;
    11    (d)  The  fiduciary  of the settlor's estate as defined in subdivision
    12  twenty-one of section one hundred three of this chapter, if any;
    13    (e) The beneficiaries under  the  will  of  the  settlor  admitted  to
    14  probate or offered for probate in any court of competent jurisdiction;
    15    (f)  The  attorney  general  if  the trust is a charitable trust or if
    16  there are persons unknown; and
    17    (g) All such other persons as the court in its discretion  may  deter-
    18  mine.
    19    § 2. This act shall take effect immediately.
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