Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Sep 27, 2013 |
signed chap.348 |
Sep 16, 2013 |
delivered to governor |
Jun 11, 2013 |
returned to assembly passed senate 3rd reading cal.1020 substituted for s4852 |
Jun 11, 2013 |
substituted by a6555 |
Jun 10, 2013 |
advanced to third reading |
Jun 05, 2013 |
2nd report cal. |
Jun 04, 2013 |
1st report cal.1020 |
Apr 26, 2013 |
referred to judiciary |
Senate Bill S4852
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A6555 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2013-S4852 (ACTIVE) - Details
2013-S4852 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4852 TITLE OF BILL: 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 This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Surrogate's Court Advisory Committee. This measure would clarify the application of EPTL 3-3.3, the anti-lapse statute, to multi-generation class gifts which under. EPTL 2-1.2 must be distributed by representation as defined in EPTL 1-2.16 and to clarify the application of statute to future interests created in testamentary trusts. EPTL 3-3.3 (a) (3) applies the concept of the anti-lapse statute to class gifts by treating a class gift to issue of the testator or brothers or sisters of the testator as a series of gifts to the individual members of the class with one exception. In the words of the statute, "no benefit shall be conferred hereunder upon the surviving issue of an ancestor who died before the execution of the will" in which the gift was made. The application of this provision to single-generation classes is straightforward. Consider a disposition in the testator's will that says "I give $100,000 to my brothers and sisters." At the time of execution of the will one sibling is dead
2013-S4852 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4852 2013-2014 Regular Sessions I N S E N A T E 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: Section 1. Paragraph (a) of section 3-3.3 of the estates, powers and trusts law, as amended by chapter 595 of the laws of 1992, is amended to read as follows: (a) Unless the will whenever executed provides otherwise: (1) Instruments executed prior to September first, nineteen hundred ninety-two. Whenever a testamentary disposition INCLUDING A DISPOSITION OF A FUTURE ESTATE OTHER THAN A FUTURE ESTATE SUBJECT TO A CONDITION PRECEDENT OF SURVIVING THE TESTATOR is made to [the] A BENEFICIARY WHO IS ONE OF THE TESTATOR'S issue or [to] a brother or sister [of the testator], and such beneficiary dies during the lifetime of the testator leaving issue surviving such testator, such disposition does not lapse but vests in such surviving issue, [per stirpes] BY REPRESENTATION. (2) Instruments executed on or after September first, nineteen hundred ninety-two. Whenever a testamentary disposition INCLUDING A DISPOSITION OF A FUTURE ESTATE OTHER THAN A FUTURE ESTATE SUBJECT TO A CONDITION PRECEDENT OF SURVIVING THE TESTATOR is made to [the] A BENEFICIARY WHO IS ONE OF THE TESTATOR'S issue or [to] a brother or sister [of the testator], and such beneficiary dies during the lifetime of the testator leaving issue surviving such testator, such disposition does not lapse but vests in such surviving issue, by representation. (3) The provisions of subparagraphs (1) and (2) OF THIS PARAGRAPH apply to a disposition made [to issue, brothers or sisters as a class] 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
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.