New York Estates, Powers & Trusts Law Section 7-5.2 - Terms of a trust account

7-5.2 Terms of a trust account
The  funds  in  a  trust account, which shall include any dividends or
  interest thereon, shall be trust funds subject to the following terms:
(1) The trust can be revoked, terminated or modified by the  depositor
  during  his lifetime only by means of, and to the extent of, withdrawals
  from or charges against the trust account  made  or  authorized  by  the
  depositor  or  by a writing which specifically names the beneficiary and
  the financial institution. The writing shall be acknowledged  or  proved
  in  the  manner  required  to entitle conveyances of real property to be
  recorded, and shall be filed with the financial institution wherein  the
  account is maintained.
(2)  A trust can be revoked, terminated or modified by the depositor's
  will only by means of, and  to  the  extent  of,  an  express  direction
  concerning  such  trust  account, which must be described in the will as
  being in trust for a named beneficiary in a named financial institution.
  Where the depositor has more than one trust  account  for  a  particular
  beneficiary in a particular financial institution, such a direction will
  affect all such accounts, unless the direction is limited to one or more
  accounts  specifically  identified  by account number in addition to the
  foregoing  requirements.  A  testamentary  revocation,  termination   or
  modification  under  this  paragraph can be effected by express words of
  revocation, termination or modification, or by a specific bequest of the
  trust account, or any part of it, to someone other than the beneficiary.
  A bequest of part of a trust  account  shall  operate  as  a  pro  tanto
  revocation to the extent of the bequest.
(3)  If  the  depositor  survives  the  beneficiary,  the  trust shall
  terminate and title to the funds shall continue in  the  depositor  free
  and clear of the trust.
(4)  If  the  beneficiary  survives the depositor, and the depositor's
  will contains no provision revoking, terminating or modifying the  trust
  account  under paragraph (2), the trust shall terminate and title to the
  funds shall vest in the beneficiary free and clear of the trust.
(5) If the beneficiary survives the depositor and the depositor's will
  contains language sufficient under paragraph two  of  this  section,  to
  revoke, terminate or modify the trust, in whole or in part, that part of
  the trust which is affected shall terminate and title to the funds shall
  be subject to disposition by the depositor's will, free and clear of the
  trust.

Last modified: February 3, 2019