New York Senate Bill S07498

New York 2025-2026 Regular Session

• Introduced: 4/21/25
• Refer: 4/21/25

Caption

Provides a mechanism for establishing the existence of a writing creating or amending a lifetime trust which was either lost or destroyed.

Impact

The implications of S07498 are significant for both legal practitioners and individuals involved in estate planning. By setting a standard for how lost or destroyed trusts can be validated, the bill simplifies the judicial process for proving trust existence and terms. It specifically allows for presumptions of execution and non-revocation to facilitate these proceedings. This change aims to reduce disputes over trusts, which can often lead to lengthy litigation and family conflicts.

Summary

S07498, introduced by Senator Gounardes, seeks to amend the Surrogate's Court Procedure Act by adding provisions for the proof of lost or destroyed trusts. The bill addresses situations where a trust document has been lost or destroyed, establishing a legal framework to prove the existence and terms of such trusts in court. This is particularly relevant in estate planning, as it provides clarity for trustees and beneficiaries when trust documents are not available.

Conclusion

Overall, S07498 represents an effort to modernize and clarify the legal landscape surrounding trust verification in New York. By addressing the complexities that arise from lost or destroyed documents, the bill seeks to create a more efficient legal process that benefits all parties involved in trust-related issues.

Contention

Debate surrounding S07498 may center on the balance it strikes between facilitating the proof process and safeguarding the rights of individuals who may contest a trust's validity. Critics could argue that the presumptions created by the bill may lead to unfair advantages for trustees if beneficiaries feel they can no longer challenge the establishment of a trust. Additionally, there may be concerns about ensuring that the procedural requirements outlined in the bill create a high enough bar for the proof of such trusts to prevent abuse.