Title EPT, Estates, Powers & Trusts

§ 13-4.2 Registration in beneficiary form; sole or joint tenancy\n ownership\n Only individuals whose registration of a security shows sole ownership\nby one individual or multiple ownership by two or more with right of\nsurvivorship, rather than as tenants in common, may obtain …

§ 13-4.3 Applicable law\n A security may be registered in beneficiary form if the form is\nauthorized by this or a similar law of the state of organization of the\nissue or registering entity, the location of the registering entity's\nprincipal office, the office of its transfer …

§ 13-4.4 Origination of registration in beneficiary form\n A security, whether evidenced by certificate or account, is registered\nin beneficiary form when the registration includes a designation of a\nbeneficiary to take the ownership at the death of the owner or the\ndeaths of …

§ 13-4.5 Form of registration in beneficiary form\n Registration in beneficiary form may be shown by the words "transfer\non death" or the abbreviation "TOD", or by the words "pay on death" or\nthe abbreviation "POD", after the name of the registered owner and\nbefore the name of…

§ 13-4.6 Effect of registration in beneficiary form\n (a) The designation of a TOD beneficiary on a registration in\nbeneficiary form has no effect on ownership until the owner's death. A\nregistration of a security in beneficiary form may be canceled or\nchanged at any time by t…

§ 13-4.7 Ownership on death of owner\n On death of a sole owner or the last to die of all multiple owners,\nownership of securities registered in beneficiary form passes to the\nbeneficiary or beneficiaries who survive all owners. On proof of death\nof all owners and compliance w…

§ 13-4.8 Protection of registering entity\n (a) A registering entity is not required to offer or to accept a\nrequest for security registration in beneficiary form. If a registration\nin beneficiary form is offered by a registering entity, the owner\nrequesting registration in be…

§ 13-4.9 Nontestamentary transfer on death\n (a) A transfer on death resulting from a registration in beneficiary\nform is effective by reason of the contract regarding the registration\nbetween the owner and the registering entity and this part and is not\ntestamentary.\n (b) Th…

§ 13-A-1 Definitions\n In this article the following terms shall have the following meanings:\n (a) "Account" means an arrangement under a terms-of-service agreement\nin which a custodian carries, maintains, processes, receives, or stores\na digital asset of the user or provides …

§ 13-A-2.1 Applicability\n (a) This article applies to:\n (1) a fiduciary acting under a will, trust or power of attorney\nexecuted before, on, or after the effective date of this article;\n (2) an executor, administrator or personal representative acting for a\ndecedent who died…

§ 13-A-2.2 User direction for disclosure of digital assets\n (a) A user may use an online tool to direct the custodian to disclose\nto a designated recipient or not to disclose some or all of the user's\ndigital assets, including the content of electronic communications. If\nthe …

§ 13-A-2.3 Terms-of-service agreement\n (a) This article does not change or impair a right of a custodian or a\nuser under a terms-of-service agreement to access and use digital assets\nof the user.\n (b) This article does not give a fiduciary or a designated recipient\nany new o…

§ 13-A-2.4 Procedure for disclosing digital assets\n (a) When disclosing digital assets of a user under this article, the\ncustodian may at its sole discretion:\n (1) grant a fiduciary or designated recipient full access to the\nuser's account;\n (2) grant a fiduciary or designat…

§ 13-A-3.1 Disclosure of content of electronic communications of\n deceased user\n If a deceased user consented or a court directs disclosure of the\ncontents of electronic communications of the user, the custodian shall\ndisclose to the executor, administrator or personal repres…

§ 13-A-3.2 Disclosure of other digital assets of deceased user\n Unless the user prohibited disclosure of digital assets or the court\ndirects otherwise, a custodian shall disclose to the executor,\nadministrator or personal representative of the estate of a deceased\nuser a cata…

§ 13-A-3.3 Disclosure of content of electronic communications of\n principal\n To the extent a power of attorney expressly grants an agent authority\nover the content of electronic communications sent or received by the\nprincipal and unless directed otherwise by the principal or…

§ 13-A-3.4 Disclosure of other digital assets of principal\n Unless otherwise ordered by the court, directed by the principal, or\nprovided by a power of attorney, a custodian shall disclose to an agent\nwith specific authority over digital assets or general authority to act\non …

§ 13-A-3.5 Disclosure of digital assets held in trust when trustee is\n original user\n Unless otherwise ordered by the court or provided in a trust, a\ncustodian shall disclose to a trustee that is an original user of an\naccount any digital asset of the account held in trust, i…

§ 13-A-3.6 Disclosure of contents of electronic communications held in\n trust when trustee not original user\n Unless otherwise ordered by the court, directed by the user, or\nprovided in a trust, a custodian shall disclose to a trustee that is not\nan original user of an accoun…

§ 13-A-3.7 Disclosure of other digital assets held in trust when trustee\n not original user\n Unless otherwise ordered by the court, directed by the user, or\nprovided in a trust, a custodian shall disclose, to a trustee that is\nnot an original user of an account, a catalogue o…

§ 13-A-3.8 Disclosure of digital assets to guardian of ward\n (a) After an opportunity for a hearing concerning the appointment or\nauthority of a guardian, the court may grant a guardian access to the\ndigital assets of a ward.\n (b) Unless otherwise ordered by the court or dire…

§ 13-A-4.1 Fiduciary duty and authority\n (a) The legal duties imposed on a fiduciary charged with managing\ntangible property apply to the management of digital assets, including:\n (1) the duty of care;\n (2) the duty of loyalty; and\n (3) the duty of confidentiality.\n (b) A f…

§ 13-A-4.2 Custodian compliance and immunity\n (a) Not later than sixty days after receipt of the information\nrequired under sections 13-A-3.1 through 13-A-4.1, a custodian shall\ncomply with a request under this article from a fiduciary or designated\nrecipient to disclose digi…

§ 13-A-5.1 Relation to electronic signature in global and national\n commerce act\n This article modifies, limits, or supersedes the Electronic Signatures\nin Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but\ndoes not modify, limit, or supersede section 101(c…

§ 13-A-5.2 Severability\n If any provision of this article or its application to any person or\ncircumstance is held invalid, the invalidity does not affect other\nprovisions or applications of this article which can be given effect\nwithout the invalid provision or application, …

§ 14-1.1 Schedule of laws repealed; effect of repeal\n (a) The following are the laws repealed in their entirety, except as\nspecifically noted:\nDecedent Estate Law........ All\nGeneral Obligations Law.... Article 5, section 5-701, subdivisions 4,\n 7 and 8\nPersonal Property La…

§ 14-2.1 Derivation of the estates, powers and trusts law from other\n laws\nEPTL DEL GEN OB PPL RPL SCA\n1-1.1\n1-1.2\n1-1.3\n1-1.4 270-a\n1-1.5\n1-2.1\n1-2.2\n1-2.3\n1-2.4\n1-2.5 81,134\n1-2.6\n1-2.7\n1-2.8\n1-2.9\n1-2.10\n1-2.11 47-a,83(9)\n1-2.12\n1-2.13\n1-2.14 47-a,83(10)\n…

§ 14-2.2 Distribution from other laws to the estates, powers and trusts\n law\n DEL EPTL SCPA\n 2 1-2.19(b)\n 11 3-1.2\n 12 3-1.3(a)\n 14 3-3.1\n 15 3-1.1\n 16 3-2.2\n 17 5-3.3\n 18 5-1.1(a)\n 18-a 5-1.1(b)\n 18-b 5-1.1(c)\n 19 13-1.4\n 20 3-3.6,3-4.5\n 21 3-2.1\n 22 3-2.1\n 22-a…

§ 14-3.1 When act becomes effective\n This act shall take effect September first, nineteen hundred\nsixty-seven.\n

§ 2-1.1 Heirs at law and next of kin defined\n Whenever used in a statute or instrument, unless a contrary intention\nis expressed therein, the term "heirs", "heirs at law", "next of kin" or\nany term of like import means the distributees, as defined in 1-2.5.\n

§ 2-1.10 Provisions relating to infants and minors\n (a) Unless the creator expressly provides to the contrary, in any\ninstrument executed prior to September first, nineteen hundred\nseventy-four, the words "minor", "minority", "infant", "infancy",\n"majority", "adult" and words…

§ 2-1.11 Renunciation of property interests\n (a) A renunciation made in compliance with the provisions of this\nsection shall not necessarily constitute a qualified disclaimer within\nthe meaning of section 2518 of the Internal Revenue Code of 1986, as\namended, or for the purpo…

§ 2-1.12 Credit shelter formula bequests\n If: (a) the decedent dies after January thirty-first, two thousand;\nand\n (b) by reason of the death of the decedent property passes or is\nacquired from the decedent under a will executed or a trust created\nprior to February first, tw…

§ 2-1.13 Certain formula clauses to be construed to refer to the federal\n estate and generation-skipping transfer tax laws applicable\n to estates of decedents dying after December thirty-first,\n two thousand nine and before January first, two thousand\n eleven\n (a)(1) If by r…

§ 2-1.14 Right to recover state estate and gift taxes where decedent\n retained interest\n (a)(1) If any part of the gross tax estate on which tax has been paid\nconsists of the value of property included in the gross estate by reason\nof section two thousand thirty-six of the in…

§ 2-1.15 Consequences of partly ineffective dispositions of trust\nprincipal to two or more beneficiaries\n Whenever the remainder of a lifetime or testamentary trust passes,\nwhether outright or in further trust, to two or more designated\nbeneficiaries, and such remainder is in…

§ 2-1.2 Issue to take per capita, per stirpes or by representation\n (a) Instruments executed prior to September first, nineteen hundred\nninety-two. Whenever a disposition of property is made to "issue", such\nissue, if in equal degree of consanguinity to their common ancestor,\…

§ 2-1.3 Adopted children and posthumous children as members of a class\n (a) Unless the creator expresses a contrary intention, a disposition\nof property to persons described in any instrument as the issue,\nchildren, descendants, heirs, heirs at law, next of kin, distributees\n…

§ 2-1.4 Words of inheritance unnecessary\n The word "heirs" or words of inheritance of like import are not\nnecessary to create or dispose of a fee.\n

§ 2-1.5 Advancements and their adjustment\n (a) An advancement is an irrevocable gift intended by the donor as an\nanticipatory distribution in complete or partial satisfaction of the\ninterest of the donee in the donor's estate, either as distributee in\nintestacy or as benefici…

§ 2-1.6 Disposition of property where a person dies within one hundred\n twenty hours of another person or any other event\n (a) Except as provided in paragraph (b) of this section:\n (1) Where, under articles 4 and 5 of this chapter, the title to\nproperty or the devolution of p…

§ 2-1.7 Presumption of death from absence; effect of exposure to\n specific peril\n (a) A person who is absent for a continuous period of three years,\nduring which, after diligent search, he or she has not been seen or\nheard of or from, and whose absence is not satisfactorily e…

§ 2-1.8 Apportionment of federal and state estate or other death taxes;\n fiduciary to collect taxes from property taxed and transferees\n thereof\n (a) Whenever it appears in any appropriate action or proceeding that a\nfiduciary has paid or may be required to pay an estate or o…

§ 2-1.9 Distributions in kind by executors and trustees\n (a) (1) As used in this section, the terms "pecuniary disposition"\nand "transfer in trust of a pecuniary amount" mean, respectively, a\ndisposition by will or a transfer under a trust agreement of a specific\namount of mo…

§ 3-1.1 Who may make wills of, and exercise testamentary powers of\n appointment over property\n Every person eighteen years of age or over, of sound mind and memory,\nmay by will dispose of real and personal property and exercise a power\nto appoint such property.\n

§ 3-1.2 What property may be disposed of by will\n Every estate in property may be devised or bequeathed.\n

§ 3-1.3 Who may receive testamentary dispositions of property;\n testamentary dispositions to unincorporated associations\n (a) A testamentary disposition of property may be made to any person\nhaving capacity to acquire and hold such property.\n (b) When a will disposes of prope…

§ 3-2.1 Execution and attestation of wills; formal requirements\n (a) * Except for nuncupative and holographic wills authorized by\n3-2.2, every will must be in writing, and executed and attested in the\nfollowing manner:\n * NB Effective until December 12, 2027\n * Except for nu…

§ 3-2.2 Nuncupative and holographic wills\n (a) For the purposes of this section, and as used elsewhere in this\nchapter:\n (1) A will is nuncupative when it is unwritten, and the making thereof\nby the testator and its provisions are clearly established by at least\ntwo witnesse…

§ 3-3.1 What a testamentary disposition includes\n Unless the will provides otherwise, a disposition by the testator of\nall his property passes all of the property he was entitled to dispose\nof at the time of his death.\n