When trust interests not to merge · as in force on May 31, 2026
§ 7-1.1 When trust interests not to merge
A trust is not merged or invalid because a person, including but not limited to the creator of the trust, is or may become the sole trustee and the sole holder of the present beneficial interest therein, provided that one or more other persons hold a beneficial interest therein, whether such interest be vested or contingent, present or future, and whether created by express provision of the instrument or as a result of reversion to the creator's estate.
A trust does not merge or become invalid merely because 1 person, including the creator, is the sole trustee and sole current beneficiary, so long as at least 1 other person holds any vested or contingent, present or future beneficial interest. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.