Bill > A03381

This bill provides a legal mechanism for proving the existence of a lost or destroyed trust in New York's Surrogate's Court by establishing clear criteria and procedures. Specifically, the bill allows a trust to be proven if its execution can be validated under New York or the original trust's jurisdiction's law, has not been revoked, and its provisions can be established through either a true and complete copy/draft or by proving key details such as the trustee, beneficiaries, trust provisions, and asset transfers. The bill creates presumptions in favor of the trust's due execution and continued validity, and places specific burdens of proof on parties challenging or seeking to validate the trust. Additionally, the bill mandates that legal process must be issued to multiple interested parties when proving or challenging a lost trust, including nominated trustees, designated beneficiaries, the settlor's distributees, estate fiduciaries, will beneficiaries, and the attorney general (in cases involving charitable trusts or unknown persons). This legislation aims to provide a structured approach for addressing situations where trust documentation has been lost or destroyed, ensuring fair and comprehensive evaluation of the trust's legitimacy.

Justice

https://www.nysenate.gov/legislation/bills/2025/A3381