senate Bill S7463A

2011-2012 Legislative Session

Provides that the disposition of a future estate not subject to a condition precedent vests per stirpes

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 11, 2012 advanced to third reading
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1049
May 24, 2012 print number 7463a
amend and recommit to judiciary
May 22, 2012 referred to judiciary

Votes

view votes

Jun 5, 2012 - Judiciary committee Vote

S7463A
21
0
committee
21
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

S7463 - Details

See Assembly Version of this Bill:
A9478A
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §3-3.3, EPT L

S7463 - Summary

Provides that the disposition of a future estate not subject to a condition precedent vests per stirpes.

S7463 - Sponsor Memo

S7463 - Bill Text download pdf

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

                                  7463

                            I N  S E N A T E

                              May 22, 2012
                               ___________

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 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]
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) 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," "HEIRS OF THE
BODY," "HEIRS," "NEXT-OF-KIN," "RELATIVES,"  OR  "FAMILY,"  OR  A  CLASS
DESCRIBED BY LANGUAGE OF SIMILAR IMPORT, as if the disposition were made

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

S7463A (ACTIVE) - Details

See Assembly Version of this Bill:
A9478A
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §3-3.3, EPT L

S7463A (ACTIVE) - Summary

Provides that the disposition of a future estate not subject to a condition precedent vests per stirpes.

S7463A (ACTIVE) - Sponsor Memo

S7463A (ACTIVE) - Bill Text download pdf

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

                                 7463--A

                            I N  S E N A T E

                              May 22, 2012
                               ___________

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 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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
DESCRIBED BY LANGUAGE OF SIMILAR IMPORT, as if the disposition were made

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.