Does the Dctrine of Worthier Titles exist in New York?
The Doctrine of Worthier Title has been abolished in NY with respect to transfers taking effect after 9/1/67.
However, by statute in NY, a disposition in trust created on or after 9/1/57 in favor of a class of persons described only as the heirs, next of kin, or distributees of the creator does not create a beneficial interest in the trust. Therefore, the settlor can terminate the trust without the consent of the heirs, etc. If the settlor does not terminate, because the Doctrine of Worthier Titles is abolished, on the death of the settlors the heirs, etc., will take by remainder.