In re Dornbush

OPINION OF THE COURT

Renee R. Roth, S.

The trustees of two New York irrevocable inter vivos trusts seek permission to terminate such trusts and create substantially identical new ones in Florida pursuant to EPTL 10-6.6 *1029(b) (2). By permitting trustees to appoint trust principal in favor of new modified trusts, this relatively recent statute (L 1992, ch 591, eff July 24, 1992) effectively allows the amendment of irrevocable trusts under certain circumstances. In the instant case, by changing the situs and the governing law of these trusts, the trustees expect that the trusts will be shielded from…