{"jurisdiction": "us-ny", "code": "eptl", "section": "7-1.17", "citation": "EPTL § 7-1.17", "heading": "Execution, amendment and revocation of lifetime trusts", "text": ["§ 7-1.17 Execution, amendment and revocation of lifetime trusts", "(a) Every lifetime trust shall be in writing and shall be executed and acknowledged by the person establishing such trust and, unless such person is the sole trustee, by at least one trustee thereof, in the manner required by the laws of this state for the recording of a conveyance of real property or, in lieu thereof, executed in the presence of two witnesses who shall affix their signatures to the trust instrument.", "(b) Any amendment or revocation authorized by the trust shall be in writing and executed by the person authorized to amend or revoke the trust, and except as otherwise provided in the governing instrument, shall be acknowledged or witnessed in the manner required by paragraph (a) of this section, and shall take effect as of the date of such execution. Written notice of such amendment or revocation shall be delivered to at least one other trustee within a reasonable time if the person executing such amendment or revocation is not the sole trustee, but failure to give such notice shall not affect the validity of the amendment or revocation or the date upon which same shall take effect. No trustee shall be liable for any act reasonably taken in reliance on an existing trust instrument prior to actual receipt of notice of amendment or revocation thereof."], "official_source": "https://www.nysenate.gov/legislation/laws/EPT/7-1.17", "from_official_api": true, "plain_english": "A lifetime trust and any change to it must be in writing and formally executed.\n- **(a)** Every lifetime trust must be **in writing**, signed and **acknowledged like a recordable deed** by the creator and, unless the creator is the sole trustee, by **at least 1 trustee**; or instead signed before **2 witnesses** who also sign. ★\n- **(b)** An authorized amendment or revocation must be **in writing**, signed by the person authorized, and, unless the trust instrument says otherwise, acknowledged or witnessed the same way. It takes effect **on the date it is signed**. ★ If the signer is not the sole trustee, written notice must go to at least 1 other trustee within a reasonable time, but **failure to give notice does not affect validity** or the effective date. A trustee is **not liable** for reasonable acts relying on the existing instrument **before actually receiving notice**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/eptl/7-1.17", "publisher": "Elyphived LLC"}