senate Bill S4852

Signed By Governor
2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A6555 - Signed by Governor


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

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Actions

view actions (11)
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

S4852 - Details

See Assembly Version of this Bill:
A6555
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd ยง3-3.3, EPT L
Versions Introduced in 2011-2012 Legislative Session:
A9478, S7463

S4852 - Summary

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

S4852 - Sponsor Memo

S4852 - 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

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