NY A03381

Establishes a new legal procedure in Surrogate's Court for proving the validity of lost or destroyed trusts when the original document is unavailable

Requires proof that the trust was properly executed, has not been revoked, and that all provisions can be established through a copy, draft, or by identifying the trustee, beneficiaries, dispositive provisions, and transferred assets

Creates a legal presumption that the trust was properly executed if assets were transferred to it, and a presumption that the trust was not revoked

Places the burden of proof on challengers to show a trust was revoked, while those seeking to validate the trust must prove proper execution and establish the trust's provisions

Mandates that legal process be served on all nominated trustees, beneficiaries, the settlor's distributees and estate fiduciary, will beneficiaries, and the Attorney General (for charitable trusts)