EPTL § 7-6.5

Transfer authorized by will or trust · as in force on May 31, 2026

§ 7-6.5 Transfer authorized by will or trust

(a) A personal representative or trustee may make an irrevocable transfer pursuant to 7-6.9 to a custodian for the benefit of a minor as authorized in the governing will or trust.

(b) If the testator or settler has nominated a custodian under 7-6.3 to receive the custodial property, the transfer must be made to that person.

(c) If the testator or settler has not nominated a custodian under 7-6.3, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under paragraph (a) of 7-6.9.

Official sourcehttps://www.nysenate.gov/legislation/laws/EPT/7-6.5

In plain English

A personal representative or trustee may make an irrevocable transfer under § 7-6.9 to a custodian for a minor when the governing will or trust authorizes it.

(a) The transfer is permitted as authorized in the governing will or trust.
(b) If the testator or settlor nominated a custodian under § 7-6.3, the transfer must be made to that person. ★
(c) If no custodian was nominated, or every nominee dies before the transfer or is unable, declines, or is ineligible to serve, the personal representative or trustee shall designate the custodian from those eligible for that kind of property under § 7-6.9(a). ★

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.