New York · statute · N.Y. Estates, Powers & Trusts Law · 453 active provisions
Chapter 952 AN ACT in relation to estates, powers and trusts, constituting chapter 17-b of the consolidated laws Became a law August 2, 1966, with the approval of the Governor. Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as fol…
ARTICLE 1 GENERAL PROVISIONS PART 1. SHORT TITLE; HOW CITED; REFERENCES; SEVERABILITY; APPLICATION Section 1-1.1 Short title; how cited. 1-1.2 References. 1-1.3 Rules governing use of certain words. 1-1.4 Severability. 1-1.5 Application. PART 2. DEFINITIONS Section 1-2.1 Codicil. 1-2.2 Creator. 1-2.3 Demonstrative disp…
PART 1. SHORT TITLE; HOW CITED; REFERENCES; SEVERABILITY; APPLICATION
§ 1-1.1 Short title; how cited This chapter shall be known as the Estates, Powers and Trusts Law and may be cited as EPTL. A section of this law may be cited by article, part and section number, to wit, EPTL 1-1.1, which refers to article 1, part 1, section 1, without being preceded by the word article, part or section…
§ 1-1.2 References Unless otherwise stated, all references in this chapter to article, part or section number refer to the articles, parts or section numbers of this chapter, and all references in any section of this chapter to a lettered or numbered paragraph or subparagraph refer to the paragraph or subparagraph so l…
§ 1-1.3 Rules governing use of certain words In this chapter, unless the context otherwise requires: (a) Words in the singular number include the plural, and in the plural include the singular. (b) Words of the masculine gender include the feminine and the neuter, and when the sense so indicates words of the neuter gen…
§ 1-1.4 Severability If any provision of this chapter or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without regard to the invalid provision or application, and to this end the provisions…
§ 1-1.5 Application Unless otherwise stated therein, the provisions of this chapter apply to the estates, and to instruments making dispositions or appointments thereof, of persons living on its effective date or born subsequent thereto, without regard to the date of execution of any such instrument; except that the pr…
PART 2. DEFINITIONS In this chapter, unless the context otherwise requires or a different meaning is expressly provided, the words and phrases set forth in this part shall be given their indicated meaning:
§ 1-2.1 Codicil A codicil is a supplement to a will, either adding to, taking from or altering its provisions or confirming it in whole or in part by republication, but not totally revoking such will.
§ 1-2.2 Creator A creator is a person who makes a disposition of property.
§ 1-2.3 Demonstrative disposition A demonstrative disposition is a testamentary disposition of property to be taken out of specified or identified property.
§ 1-2.4 Disposition A disposition is a transfer of property by a person during his lifetime or by will.
§ 1-2.5 Distributee A distributee is a person entitled to take or share in the property of a decedent under the statutes governing descent and distribution.
§ 1-2.6 Estate Depending upon the context, "estate" may mean: (a) The interest which a person has in property. (b) The aggregate of property which a person owns.
§ 1-2.7 Fiduciary A fiduciary is a person who meets the description, in this part, of a "personal representative" or who is designated by the creator or by the court to act as an assignee for the benefit of creditors, or a committee, conservator, curator, custodian, guardian, trustee or donee of a power during minority…
§ 1-2.8 General disposition A general disposition is a testamentary disposition of property not amounting to a demonstrative, residuary or specific disposition.
§ 1-2.9 Incompetent An incompetent is a person judicially declared to be incapable of managing his affairs.
§ 1-2.9-a Infant or minor As used in this chapter, the term "infant" or "minor" means a person who has not attained the age of eighteen years, provided, however, that such definition shall not be applicable to any provision relating to the New York Uniform Transfers to Minors Act, nor to section 13-3.4.
§ 1-2.10 Issue (a) Unless a contrary intention is indicated: (1) Issue are the descendants in any degree from a common ancestor. (2) The terms "issue" and "descendants", in subparagraph (1), include adopted children.
§ 1-2.11 Per capita A disposition or distribution of property is per capita when it is made to persons, each of whom is to take in his own right an equal portion of such property.
§ 1-2.12 Person The term "person" includes a natural person, an association, board, any corporation, whether municipal, stock or non-stock, court, governmental agency, authority or subdivision, partnership or other firm and the state.
§ 1-2.13 Personal representative A personal representative is a person who has received letters to administer the estate of a decedent. The term does not include an assignee for the benefit of creditors, or a committee, conservator, curator, custodian, guardian, trustee or donee of a power during minority.
§ 1-2.14 Per stirpes A per stirpes disposition or distribution of property is made to persons who take as issue of a deceased ancestor in the following manner: The property so passing is divided into as many equal shares as there are (i) surviving issue in the generation nearest to the deceased ancestor which contains…
§ 1-2.15 Property Property is anything that may be the subject of ownership, and is real or personal property.