Assembly Bill A6555

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 - 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

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2013-A6555 (ACTIVE) - Details

See Senate Version of this Bill:
S4852
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §3-3.3, EPT L
Versions Introduced in 2011-2012 Legislative Session:
A9478, S7463

2013-A6555 (ACTIVE) - Summary

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

2013-A6555 (ACTIVE) - Bill Text download pdf 

                            
                    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:

  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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