2023 New York Laws › EPT - Estates, Powers and Trusts › Article 3 - Substantive Law of Wills › Part 1 - Who May Make and Receive Testamentary Dispositions of Property; What Property May Be Disposed of by Will › 3-1.3 - Who May Receive Testamentary Dispositions of Property; Testamentary Dispositions to Unincorporated Associations

§ 3-1.3 Who   may   receive   testamentary   dispositions  of  property;
testamentary dispositions to unincorporated associations
(a) A testamentary disposition of property may be made to  any  person
having capacity to acquire and hold such property.
(b)  When  a  will  disposes of property to an association which lacks
capacity to receive such property by will because it  is  unincorporated
and  the association may become incorporated under the law of this state
or of the jurisdiction in  which  it  has  its  principal  office,  such
disposition  is valid despite the lack of capacity of the beneficiary if
within three years after probate of the will  such  beneficiary  becomes
incorporated  with  capacity  to  take  such disposition, subject to the
following:
(1) This section does not limit the power of the court to give  effect
to  the  intention  of the testator and to preserve dispositions for the
use and benefit of unincorporated associations.
(2) In the case of  a  testamentary  disposition  of  property  to  an
unincorporated  association  in such manner that the estate may lawfully
vest in such association, as provided in  paragraph  (b),  at  a  future
time,  the  estate  shall be treated as immediately vested either in the
trustee in whom any estate preceding such disposition is vested  or,  if
there  is no such precedent trust, in the personal representative of the
decedent's estate as trustee, subject to any intermediate estate created
by the will. The trust herein created is subject to  the  direction  and
control  of  the  surrogate's court as if it had been created by express
provision in the will. If the association is incorporated and  empowered
to  receive  the  disposition,  the  trustee shall transfer the property
disposed of to the corporation so formed, but if the association is  not
incorporated, the trustee shall transfer the property to such persons as
are entitled thereto.
(3)  If  a  testamentary disposition to an association is made in such
manner as to take effect upon the incorporation of such association,  as
provided  in  paragraph  (b),  and  no disposition is made of the rents,
profits or other income accruing prior to such incorporation,  the  will
shall  be  construed  as directing the trustee described in subparagraph
(2) to receive the rents, profits or other income and to hold  them  for
the  benefit  of  the corporation when formed or, if such corporation is
not formed within the time prescribed by paragraph (b), for the  benefit
of  the  persons  entitled  to  the  property  upon  the failure of such
disposition.
(4) Notwithstanding any other law of  this  state  governing  (A)  the
purposes  for  which  trusts  may  be  created,  (B)  the  rule  against
perpetuities or (C) the accumulation of income, a trust as  provided  in
subparagraph (2) is valid.
(5)  During  the  continuance  of any trust authorized by subparagraph
(2), the unincorporated association to which the disposition is made may
enforce such trust, and any  such  association  has  capacity  as  such,
despite the fact that it is not incorporated, to exercise such right and
to  take  such  proceedings  as  may  be appropriate for the exercise or
waiver of such right or, in the manner permitted by law for renunciation
by a testamentary beneficiary, to renounce the disposition. In the event
of any such renunciation, the trust provided  for  in  subparagraph  (2)
shall terminate and the property, including accumulations, shall vest in
the  persons  otherwise  entitled  thereto as if no such disposition had
been made.
(6) This section does  not  limit  the  effectiveness  of  8-1.1  with
respect to a disposition to which that section applies.