N.Y. Estates, Powers & Trusts Law Section 3-3.3
Disposition to issue or brothers or sisters of testator not to

§ 3-3.3 Disposition to issue or brothers or sisters of testator not to lapse; application to class dispositions (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 a beneficiary who is one of the testator’s issue or a brother or sister, 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.

(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 a beneficiary who is one of the testator’s issue or a brother or sister, 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 in the form of a class gift other than a disposition to “issue,”“descendents,” or a class 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.

(b)

As used in this section, the terms “issue”, “surviving issue” and “issue surviving” include adopted children and their issue to the extent they would be included in a disposition to “issue” under 2-1.3 and subdivision two of Domestic Relations Law § 117 (Effect of adoption)section one hundred seventeen of the domestic relations law, and nonmarital children; for this purpose, a nonmarital child is the child of his mother and is the child of his father if he is entitled to inherit from his father under 4-1.2.

Source: Section 3-3.3 — Disposition to issue or brothers or sisters of testator not to, https://www.­nysenate.­gov/legislation/laws/EPT/3-3.­3 (updated Sep. 22, 2014; accessed Nov. 1, 2025).

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Verified:
Nov. 1, 2025

Last modified:
Sep. 22, 2014

§ 3-3.3. Disposition to issue or brothers or sisters of testator not to's source at nysenate​.gov

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