{"jurisdiction": "us-ny", "code": "eptl", "section": "13-4.10", "citation": "EPTL § 13-4.10", "heading": "Terms, conditions, and forms", "text": ["§ 13-4.10 Terms, conditions, and forms", "(a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (i) for registrations in beneficiary form, and (ii) for implementation of registration in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary in letters LDPS, standing for \"lineal descendants per stirpes\", or in letters LDPR, standing for \"lineal descendants by representation\". This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions.", "(b) The following are illustrations of registrations in beneficiary form which a registering entity may authorize:", "(1) Sole owner-sole beneficiary: John S Brown TOD (or POD) John S Brown Jr.", "(2) Multiple owners-sole beneficiary: John S Brown Mary B Brown JT TEN TOD John S Brown Jr.", "(3) Multiple owners-primary and secondary (substituted) beneficiaries: John S Brown Mary B Brown JT TEN TOD John S Brown Jr SUB BENE Peter Q Brown or John S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS."], "official_source": "https://www.nysenate.gov/legislation/laws/EPT/13-4.10", "from_official_api": true, "plain_english": "A registering entity that accepts beneficiary-form registrations **may set its own terms and conditions** for them.\n- **(a)** Terms may cover requests to register, implement, **cancel** a TOD designation or **reregister to change beneficiary**, and may provide for **proving death**, handling **fractional shares**, naming **primary and contingent beneficiaries**, and **substituting a beneficiary's descendants**. Substitution is shown by appending **LDPS (\"lineal descendants per stirpes\")** or **LDPR (\"lineal descendants by representation\")** to the primary beneficiary's name. ★ It substitutes the deceased beneficiary's **descendants who survive the owner**, identified and sharing under the intestacy law of **the beneficiary's domicile at the owner's death**. ★ Other contingent forms and proof rules may be included.\n- **(b)** Illustrations the entity may authorize: **(1)** sole owner, sole beneficiary: \"John S Brown **TOD (or POD)** John S Brown Jr.\"; **(2)** multiple owners, sole beneficiary: \"John S Brown Mary B Brown **JT TEN TOD** John S Brown Jr.\"; **(3)** multiple owners with substitute beneficiary: \"... TOD John S Brown Jr **SUB BENE** Peter Q Brown\" or \"... TOD John S Brown Jr **LDPS**\".", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/eptl/13-4.10", "publisher": "Elyphived LLC"}