Consequences of partly ineffective testamentary dispositions of · as in force on May 31, 2026
§ 3-3.4 Consequences of partly ineffective testamentary dispositions of
property to two or more residuary beneficiaries
Whenever a testamentary disposition of property to two or more residuary beneficiaries is ineffective in part, as of the date of the testator's death, and the provisions of 3-3.3 do not apply to such ineffective part of the residuary disposition nor has an alternative disposition thereof been made in the will, such ineffective part shall pass to and vest in the remaining residuary beneficiary or, if there are two or more remaining residuary beneficiaries, in such beneficiaries, ratably, in the proportions that their respective interests in the residuary estate bear to the aggregate of the interests of all remaining beneficiaries in such residuary estate.
If part of a residuary gift to 2 or more beneficiaries is ineffective at the testator’s death, and neither § 3-3.3 nor an alternative will provision applies, that part passes to the remaining residuary beneficiary or proportionately among the remaining residuary beneficiaries. ★
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.