On July 24, 1992, New York Governor Mario Cuomo signed into law a bill which made major changes to the NYS Estates, Powers, and Trusts Law ("EPTL"). The changes reflect the work of a legislative advisory committee that set out to review and update the EPTL with respect to intestacy and will provisions and the surviving spouse's right of election. The new law has also introduced the concept of "by representation" which will replace the old per stirpes method of distribution. These changes took effect September 1, 1992.
The most sweeping change has eliminated the use of a trust to satisfy the right of election. Due to the huge impact this will have on many estate plans, this …