STATE OF NEW YORK
________________________________________________________________________
4852
2013-2014 Regular Sessions
IN SENATE
April 26, 2013
___________
Introduced by Sen. BONACIC -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Judiciary
AN ACT to amend the estates, powers and trusts laws, in relation to the
disposition to issue or brothers or sisters of testator not to lapse
and the application to class dispositions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of section 3-3.3 of the estates, powers and
2 trusts law, as amended by chapter 595 of the laws of 1992, is amended to
3 read as follows:
4 (a) Unless the will whenever executed provides otherwise:
5 (1) Instruments executed prior to September first, nineteen hundred
6 ninety-two. Whenever a testamentary disposition including a disposition
7 of a future estate other than a future estate subject to a condition
8 precedent of surviving the testator is made to [the] a beneficiary who
9 is one of the testator's issue or [to] a brother or sister [of the
10 testator], and such beneficiary dies during the lifetime of the testator
11 leaving issue surviving such testator, such disposition does not lapse
12 but vests in such surviving issue, [per stirpes] by representation.
13 (2) Instruments executed on or after September first, nineteen hundred
14 ninety-two. Whenever a testamentary disposition including a disposition
15 of a future estate other than a future estate subject to a condition
16 precedent of surviving the testator is made to [the] a beneficiary who
17 is one of the testator's issue or [to] a brother or sister [of the
18 testator], and such beneficiary dies during the lifetime of the testator
19 leaving issue surviving such testator, such disposition does not lapse
20 but vests in such surviving issue, by representation.
21 (3) The provisions of subparagraphs (1) and (2) of this paragraph
22 apply to a disposition made [to issue, brothers or sisters as a class]
23 in the form of a class gift other than a disposition to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09935-02-3
S. 4852 2
1 "issue,""descendents," or a class described by language of similar
2 import, as if the disposition were made to the beneficiaries by their
3 individual names, except that no benefit shall be conferred hereunder
4 upon the surviving issue of an ancestor who died before the execution of
5 the will in which the disposition to the class was made.
6 § 2. This act shall take effect immediately; provided, however, that
7 it shall apply only to the estates of decedents who shall have died on
8 or after such effective date.
