New York State Bar Association Advocates for Legislation Allowing Beneficiaries To Question Provisions of Living Trusts
10.31.2026
The New York State Bar Association is supporting legislation to allow beneficiaries to question the validity of a living trust without risking forfeiture of their inheritance under a no-contest provision.
“Living trusts that have no-contest clauses should not be treated differently from wills,” said Taa Grays, president of the New York State Bar Association. “Our proposed amendments promote the rule of law by eliminating uncertainty, promoting consistency, and aiding beneficiaries seeking to understand the terms of a trust.”
The association’s Trusts and Estates Law Section put forward the proposal, and the association’s governing body, the House of Delegates, voted to adopt the proposal as policy.
“The law already allows beneficiaries to take certain steps to investigate a will’s validity without forfeiting their inheritance,” said Tara Anne Pleat, chair of the Trusts and Estates Law Section. “Families increasingly use living trusts to carry out their estate plans, and beneficiaries should have the same clear statutory protections when seeking information to understand their rights. This proposal addresses that gap. We thank the association for its support.”
