§ 3-3.5 Conditions qualifying dispositions; conditions against contest;
limitations thereon (a) A condition qualifying a disposition of property is operative
despite the failure of the testator to provide for an alternative gift
to take effect upon the breach or non-occurrence of such condition.
(b) A condition, designed to prevent a disposition from taking effect
in case the will is contested by the beneficiary, is operative despite
the presence or absence of probable cause for such contest, subject to
the following:
(1) Such a condition is not breached by a contest to establish that
the will is a forgery or that it was revoked by a later will, provided
that such contest is based on probable cause.
(2) An infant or incompetent may affirmatively oppose the probate of a
will without forfeiting any benefit thereunder.
(3) The following conduct, singly or in the aggregate, shall not
result in the forfeiture of any benefit under the will:
(A) The assertion of an objection to the jurisdiction of the court in
which the will was offered for probate.
(B) The disclosure to any of the parties or to the court of any
information relating to any document offered for probate as a last will,
or relevant to the probate proceeding.
(C) A refusal or failure to join in a petition for the probate of a
document as a last will, or to execute a consent to, or waiver of notice
of a probate proceeding.
(D) The preliminary examination, under SCPA 1404, of a proponent's
witnesses, the person who prepared the will, the nominated executors and
the proponents in a probate proceeding and, upon application to the
court based upon special circumstances, any person whose examination the
court determines may provide information with respect to the validity of
the will that is of substantial importance or relevance to a decision to
file objections to the will.
(E) The institution of, or the joining or acquiescence in a proceeding
for the construction of a will or any provision thereof.
