{"jurisdiction": "us-ny", "code": "eptl", "section": "3-3.7", "citation": "EPTL § 3-3.7", "heading": "Testamentary disposition to trustee under, or in accordance with", "text": ["§ 3-3.7 Testamentary disposition to trustee under, or in accordance with", "terms of existing inter vivos trust", "(a) A testator may by will dispose of or appoint all or any part of such testator's estate to a trustee of a trust, the terms of which are evidenced by a written instrument executed by the testator, the testator and some other person, or some other person, including a trust established for the receipt of the proceeds of an annuity or pure endowment contract, or of a thrift, savings, pension, retirement, death benefit, stock bonus, or profit-sharing plan or system or a funded or unfunded life, group life, industrial life or accident and health insurance trust (although the person establishing such trust has reserved any or all rights of ownership of the insurance contracts), regardless of whether any assets have been transferred to the trust prior to the death of the testator; provided that the trust instrument is identified in the will and is executed by the person establishing the trust prior to or contemporaneously with the execution of the will and, unless such person is the sole trustee, by at least one trustee thereof prior to the death of the testator, in the manner required by the laws of this state for the recording of a conveyance of real property or, in lieu thereof, in the presence of two witnesses who shall affix their signatures to the trust instrument.", "(b) The testamentary disposition or appointment is valid, even though:", "(1) The trust instrument is amendable or revocable, or both, provided, however, that the disposition or appointment shall be given effect in accordance with the terms of the trust instrument, including an amendment thereto, as they appear in writing on the date of the testator's death and, where the testator so directs, including amendments to the trust instrument after his or her death, if the instrument evidencing such amendment is executed and acknowledged in the manner provided for in paragraph (b) of 7-1.17.", "(2) The right is reserved in such trust instrument (A) to exercise any power over any property transferred to or held in the trust or (B) to direct during the lifetime of the person establishing the trust or any other person, the persons and organizations to whom or in whose behalf the income shall be paid or the principal distributed.", "(3) The trust instrument or any amendment thereto was not executed and attested in accordance with the formalities prescribed by 3-2.1.", "(c) The property so disposed of or appointed by will becomes a part of the trust to which it is given, and title thereto vests in the trustee to be administered and disposed of in accordance with the terms of the trust instrument.", "(d) Any disposition or appointment to the trustee made by a testator who died prior to the effective date of this section, which would be invalid under the applicable law of this state pre-existing the effective date of this section, shall be construed to create a testamentary trust under and in accordance with the terms of the trust instrument which the testator originally intended should embrace the property disposed of or appointed, as such terms appear in such trust instrument at the date of the testator's death.", "(e) A revocation or termination of the trust before the death of the testator shall cause the disposition or appointment to fail, unless the testator has made an alternative disposition."], "official_source": "https://www.nysenate.gov/legislation/laws/EPT/3-3.7", "from_official_api": true, "plain_english": "A will may pour property into an existing written trust if the trust instrument meets the execution rules.\n- **(a)** A testator may give or appoint estate property to the trustee of a trust evidenced by a written instrument signed by the testator and/or another person (including insurance, annuity and benefit-plan trusts), **even if no assets were transferred before death**, provided the trust instrument is **identified in the will**, is executed by its creator **before or at the same time as the will**, and, **unless the creator is the sole trustee, is signed by at least 1 trustee before the testator's death**, either acknowledged as for recording a deed or signed in the presence of **2 witnesses** who sign it. ★\n- **(b)** The gift is valid even if the trust is **amendable or revocable**, reserves powers over trust property or income and principal, or was not executed with will formalities under **§ 3-2.1**. It follows the trust terms in writing **at the testator's death** and, if the testator directs, later amendments executed under **§ 7-1.17(b)**. ★\n- **(c)** The property becomes **part of the trust**, vests in the trustee, and is administered under the trust instrument.\n- **(d)** A gift by a testator who died before this section took effect that was invalid under prior law is construed as a **testamentary trust** on the intended trust's terms at death.\n- **(e)** **Revocation or termination of the trust before the testator's death makes the gift fail** unless the will makes an alternative disposition.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/eptl/3-3.7", "publisher": "Elyphived LLC"}