NY Est Pow & Trusts L § 3-3.7 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 3 - Substantive Law of Wills Part 3 - Rules Governing Testamentary Dispositions 3-3.7 - Testamentary Disposition to Trustee Under, or in Accordance With Terms of Existing Inter Vivos Trust

§ 3-3.7 Testamentary disposition to trustee under, or in accordance with           terms of existing inter vivos trust  (a)  A  testator  may by will dispose of or appoint all or any part of such testator's estate to a trustee of a trust, the terms of  which  are evidenced by a written instrument executed by the testator, the testator and  some  other  person,  or  some  other  person,  including  a  trust established for the receipt of  the  proceeds  of  an  annuity  or  pure endowment  contract, or of a thrift, savings, pension, retirement, death benefit, stock bonus, or profit-sharing plan or system or  a  funded  or unfunded  life,  group  life,  industrial  life  or  accident and health insurance  trust  (although  the  person  establishing  such  trust  has reserved  any  or  all  rights of ownership of the insurance contracts), regardless of whether any assets have  been  transferred  to  the  trust prior  to  the death of the testator; provided that the trust instrument is identified in the will and is executed by the person establishing the trust prior to or contemporaneously with the execution of the will  and, unless  such person is the sole trustee, by at least one trustee thereof prior to the death of the testator, in the manner required by  the  laws of  this state for the recording of a conveyance of real property or, in lieu thereof, in the presence of two witnesses  who  shall  affix  their signatures to the trust instrument.  (b) The testamentary disposition or appointment is valid, even though:  (1) The trust instrument is amendable or revocable, or both, provided, however,  that  the  disposition or appointment shall be given effect in accordance  with  the  terms  of  the  trust  instrument,  including  an amendment  thereto,  as  they  appear  in  writing  on  the  date of the testator's  death  and,  where  the  testator  so   directs,   including amendments  to  the  trust  instrument  after  his  or her death, if the instrument evidencing such amendment is executed and acknowledged in the manner provided for in paragraph (b) of 7-1.17.  (2) The right is reserved in such trust instrument (A) to exercise any power over any property transferred to or held in the trust  or  (B)  to direct  during  the lifetime of the person establishing the trust or any other person, the persons and organizations to whom or in  whose  behalf the income shall be paid or the principal distributed.  (3) The trust instrument or any amendment thereto was not executed and attested in accordance with the formalities prescribed by 3-2.1.  (c) The property so disposed of or appointed by will becomes a part of the  trust  to which it is given, and title thereto vests in the trustee to be administered and disposed of in accordance with the terms  of  the trust instrument.  (d)  Any  disposition or appointment to the trustee made by a testator who died prior to the effective date of this  section,  which  would  be invalid  under  the  applicable  law  of  this  state  pre-existing  the effective  date  of  this  section,  shall  be  construed  to  create  a testamentary  trust  under and in accordance with the terms of the trust instrument which the testator originally  intended  should  embrace  the property  disposed  of  or appointed, as such terms appear in such trust instrument at the date of the testator's death.  (e) A revocation or termination of the trust before the death  of  the testator  shall cause the disposition or appointment to fail, unless the testator has made an alternative disposition.