Provision by non-domiciliary creator as to law to govern trust · as in force on May 31, 2026
§ 7-1.10 Provision by non-domiciliary creator as to law to govern trust
(a) Whenever a person, not domiciled in this state, creates a trust which provides that it shall be governed by the laws of this state, such provision shall be given effect in determining the validity, effect and interpretation of the disposition in such trust of:
(1) Any trust property situated in this state at the time the trust is created.
(2) Personal property, wherever situated, if the trustee of the trust is a person residing, incorporated or authorized to do business in this state or a national bank having an office in this state.
A trust created by someone not domiciled in New York that says it is governed by New York law gets that choice honored for the validity, effect and interpretation of its dispositions of:
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.