Consequences of partly ineffective dispositions of trust · as in force on May 31, 2026
§ 2-1.15 Consequences of partly ineffective dispositions of trust principal to two or more beneficiaries
Whenever the remainder of a lifetime or testamentary trust passes, whether outright or in further trust, to two or more designated beneficiaries, and such remainder is ineffective in part and no effective alternative disposition has been made in the governing instrument, such ineffective part shall pass to the other designated beneficiary or, if there are two or more other designated beneficiaries, to such beneficiaries in the proportions that their respective interests in such principal bear to the aggregate of the interests of such designated beneficiaries in such principal.
If part of a trust remainder for 2 or more named beneficiaries is ineffective and the instrument supplies no effective alternative, that part passes to the other named beneficiary or proportionately among the remaining named beneficiaries according to their interests in the principal. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.