New York Estates, Powers & Trusts Law Part 1 - SUBSTANTIVE RULES GOVERNING DISPOSITIONS

• 2-1.1 - Heirs At Law and Next of Kin Defined
  2-1.1 Heirs at law and next of kin defined Whenever used in a statute or instrument, unless a contrary intention is expressed therein, the term...
• 2-1.2 - Issue to Take Per Capita, Per Stirpes or by Representation
  2-1.2 Issue to take per capita, per stirpes or by representation (a) Instruments executed prior to September first, nineteen hundred ninety-two. Whenever a disposition of...
• 2-1.3 - Adopted Children and Posthumous Children As Members of a Class
  2-1.3 Adopted children and posthumous children as members of a class (a) Unless the creator expresses a contrary intention, a disposition of property to persons...
• 2-1.4 - Words of Inheritance Unnecessary
  2-1.4 Words of inheritance unnecessary The word "heirs" or words of inheritance of like import are not necessary to create or dispose of a fee.
• 2-1.5 - Advancements and Their Adjustment
  2-1.5 Advancements and their adjustment (a) An advancement is an irrevocable gift intended by the donor as an anticipatory distribution in complete or partial satisfaction...
• 2-1.6 - Disposition of Property Where a Person Dies Within One Hundred Twenty Hours of Another Person or Any Other Event.
  2-1.6 Disposition of property where a person dies within one hundred twenty hours of another person or any other event (a) Except as provided in...
• 2-1.7 - Presumption of Death From Absence; Effect of Exposure to Specific Peril.
  2-1.7 Presumption of death from absence; effect of exposure to specific peril (a) A person who is absent for a continuous period of three years,...
• 2-1.8 - Apportionment of Federal and State Estate or Other Death Taxes; Fiduciary to Collect Taxes From Property Taxed and Transferees Thereof
  2-1.8 Apportionment of federal and state estate or other death taxes; fiduciary to collect taxes from property taxed and transferees thereof (a) Whenever it appears...
• 2-1.9 - Distributions in Kind by Executors and Trustees
  2-1.9 Distributions in kind by executors and trustees (a) (1) As used in this section, the terms "pecuniary disposition" and "transfer in trust of a...
• 2-1.10 - Provisions Relating to Infants and Minors
  2-1.10 Provisions relating to infants and minors (a) Unless the creator expressly provides to the contrary, in any instrument executed prior to September first, nineteen...
• 2-1.11 - Renunciation of Property Interests
  2-1.11 Renunciation of property interests (a) A renunciation made in compliance with the provisions of this section shall not necessarily constitute a qualified disclaimer within...
• 2-1.12 - Credit Shelter Formula Bequests
  2-1.12 Credit shelter formula bequests If: (a) the decedent dies after January thirty-first, two thousand; and (b) by reason of the death of the decedent...
• 2-1.13 - Certain Formula Clauses to Be Construed to Refer to the Federal Estate and Generation-Skipping Transfer Tax Laws Applicable to Estates of Decedents Dying After December Thirty-First, Two Thousand Nine and Before January First, Two Thousand Eleven
  2-1.13 Certain formula clauses to be construed to refer to the federal estate and generation-skipping transfer tax laws applicable to estates of decedents dying after...
• 2-1.14 - Right to Rcover State Estate and Gift Taxes Where Decedents Retained Interest
  2-1.14 Right to recover state estate and gift taxes where decedent retained interest (a)(1) If any part of the gross tax estate on which tax...
• 2-1.15 - Consequences of Partly Ineffective Dispositions of Trust Principal to Two or More Beneficiaries
  2-1.15 Consequences of partly ineffective dispositions of trust principal to two or more beneficiaries Whenever the remainder of a lifetime or testamentary trust passes, whether...

Last modified: February 3, 2019