Bill Text: NY A06555 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the disposition to issue or brothers or sisters of testator not to lapse and the application to class dispositions.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2013-09-27 - signed chap.348 [A06555 Detail]

Download: New_York-2013-A06555-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6555
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     April 9, 2013
                                      ___________
       Introduced  by  M.  of  A. LAVINE, WEINSTEIN, HENNESSEY, TITONE, WEPRIN,
         ZEBROWSKI -- (at request of the Office  of  Court  Administration)  --
         read once and referred 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
       A. 6555                             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    S  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.