NY A07750

Amends the Surrogate's Court Procedure Act by adding Section 1510 to establish procedures for proving lost or destroyed trusts in court proceedings.

Requires proof of trust execution according to New York law or applicable law at time of execution, that the trust was not revoked, and establishment of all trust provisions either through a copy/draft or by proving the trustee, beneficiaries, dispositive provisions, and identifiable assets held in the trust.

Creates presumptions that a trust was duly executed if assets were transferred to it and that the trust was not revoked unless challenged.

Places burden of proof on persons seeking to establish trust validity for execution and provisions, and on persons challenging the trust to prove it was revoked.

Requires service of process on nominated trustees, designated beneficiaries, settlor's distributees, the settlor's estate fiduciary, will beneficiaries, the attorney general for charitable trusts or unknown persons, and other persons the court determines necessary.