Assembly Bill A9478

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9478--A
                                                        Cal. No. 657

                          I N  A S S E M B L Y

                              March 6, 2012
                               ___________

Introduced  by  M.  of  A. LAVINE, WEINSTEIN, RYAN, WEPRIN, ZEBROWSKI --
  Multi-Sponsored by -- M. of A. QUART -- (at request of the  Office  of
  Court  Administration)  --  read once and referred to the Committee on
  Judiciary -- passed by Assembly and delivered to the Senate,  recalled
  from  the  Senate, vote reconsidered, bill amended, ordered reprinted,
  retaining its place on the order of third reading

AN ACT to amend the estates, powers and trusts law, 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 issue or to a broth-
er or sister of the testator] A BENEFICIARY WHO IS ONE OF THE TESTATOR'S
ISSUE OR A BROTHER OR SISTER, and such beneficiary dies during the life-
time of the testator leaving issue surviving such testator, such  dispo-
sition does not lapse but vests in such surviving issue, per stirpes.
  (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) 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 "ISSUE," "DESCENDANTS," OR A CLASS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD14025-03-2

A. 9478--A                          2

DESCRIBED BY LANGUAGE OF SIMILAR IMPORT, as if the disposition were made
to the beneficiaries by their individual names, except that  no  benefit
shall be conferred hereunder upon the surviving issue of an ancestor who
died  before  the  execution of the will in which the disposition to the
class was made.
  S 2. This act shall take effect immediately; provided,  however,  that
it  shall  apply only to the estates of decedents who shall have died on
or after such effective date.