GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2001-83
AN ACT to amend the anti-lapse statute to provide that the interest of a deceased class member who leaves no issue devolves upon the remaining class members and the issue of other deceased class members, as recommended by the general statutes commission.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 31-42(a) reads as rewritten:
"(a)
Unless the will indicates a contrary intent, if a devisee predeceases the
testator, whether before or after the execution of the will, and if the devisee
is a grandparent of or a descendant of a grandparent of the testator, then the
issue of the predeceased devisee shall take in place of the deceased devisee.
The devisee's issue shall take the deceased devisee's share in the same manner
that the issue would take as heirs of the deceased devisee under the intestacy
provisions in effect at the time of the testator's death. The provisions of
this section apply whether the devise is to an individual, to a class, or is a
residuary devise. In the case of the class devise, the issue shall take
whatever share the deceased devisee would have taken had the devisee survived
the testator. testator; in the event the deceased class member leaves
no issue, the devisee's share shall devolve upon the members of the class who
survived the testator and the issue of any deceased members taking by
substitution."
SECTION 2. This act is effective when it becomes law and applies to estates of decedents dying on or after that date.
In the General Assembly read three times and ratified this the 8th day of May, 2001.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 9:51 a.m. this 17th day of May, 2001