EPTL 7-1.9 Revocation of trusts
Statute
EPTL 7-1.9 Revocation of trusts
(a) Upon the written consent, acknowledged or proved in the manner required by the laws of this state for the recording of a conveyance of real property, of all the persons beneficially interested in a trust of property, heretofore or hereafter created, the creater of such trust may revoke or amend the whole or any part thereof by an instrument in writing acknowledged or proved in like manner, and thereupon the estate of the trustee ceases with respect to any part of such trust property, the disposition of which has been revoked. If the conveyance or other instrument creating a trust of property was recorded in the office of the clerk or register of any county of this state, the instrument revoking or amending such trust, together with the consents thereto, shall be recorded in the same office of every county in which the conveyance or other instrument creating such trust was recorded.
(b) For the purposes of this section, a disposition, contained in a trust created on or after September first, nineteen hundred fifty-one, in favor of a class of persons described only as the heirs, next of kin or distributees (or by any term of like import) of the creator of the trust does not create a beneficial interest in such persons.
(c) A testamentary or lifetime trust wholly benefitting one or more charitable beneficiaries may be terminated as provided for by subparagraph two of paragraph (c) of section 8-1.1 of this chapter.
Notes
“term of like import”
In re Dodge’s Trust, 25 N.Y.2d 273 (1969):
In light of this legislative history, we are of the opinion that the term “surviving lawful representative issue” is not a term of like import with heirs, next of kin or distributees.
. . .
In our opinion, terms of like import would be: “to persons who would take in the event of intestacy”, “to persons entitled to receive my property as if I had died intestate”, “then to such persons as would be entitled to inherit my property under the laws of intestacy of the State of New York”; or any other terms intended to refer to persons who would succeed to creator’s estate as intestate distributees.
Medicaid & EPTL 7-1.9
Medicaid argued that EPTL 7-1.9 makes the assets of an irrevocable trust available, but it was unsuccessful.
See Michael J. Amoruso, Using EPTL § 7-1.9 to Revoke and Irrevocable Trust - Tax and Medicaid Considerations, Westchester County Bar Association: Elder Law Committee, April 11, 2005.
See Melissa Negrin-Wiener & Marcus O’toole-Gelo, Adapting Asset Protection Trusts to Changes in Circumstances, NYLJ, Jan. 25, 2021.