EPTL § 7-6.11

Validity and effect of transfer · as in force on May 31, 2026

§ 7-6.11 Validity and effect of transfer

(a) The validity of a transfer made in a manner prescribed in this part is not affected by:

(1) The failure of the transferor to comply with paragraph (c) of 7-6.9 concerning possession and control;

(2) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under paragraph (a) of 7-6.9; or

(3) death or incapacity of a person nominated under 7-6.3 or designated under 7-6.9 as custodian or the disclaimer of the office by that person.

(b) A transfer made pursuant to 7-6.9 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this part, and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this part.

(c) By making a transfer, the transferor incorporates in the disposition all the provisions of this part and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this part.

Official sourcehttps://www.nysenate.gov/legislation/laws/EPT/7-6.11

In plain English

A properly made transfer to a custodian stays valid despite certain defects, and it cannot be taken back.

(a) Validity is not affected by: (1) the transferor's failure to meet the possession-and-control rule of 7-6.9(c); (2) naming an ineligible custodian, except naming the transferor for property the transferor cannot hold as custodian under 7-6.9(a); or (3) the death, incapacity or disclaimer of a custodian nominated under 7-6.3 or designated under 7-6.9.
(b) A 7-6.9 transfer is irrevocable and the property is indefeasibly vested in the minor. ★ The custodian holds all the rights, powers and duties this part gives; neither the minor nor the minor's legal representative has any power over the property except as this part provides.
(c) By making a transfer, the transferor incorporates all of this part and grants the custodian, and third persons dealing with the custodian, the powers, rights and immunities this part provides.

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.

In print

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.