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New York Estates, Powers and Trusts Law Section 3-3.5 - Conditions Qualifying Dispositions; Conditions Against Contest; Limitations Thereon

Legal Research Home > New York Lawyer > Estates, Powers and Trusts > New York Estates, Powers and Trusts Law Section 3-3.5 - Conditions Qualifying Dispositions; Conditions Against Contest; Limitations Thereon

  § 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  the will is a forgery or that it was revoked by a later  will,  provided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.
    (E) The institution of, or the joining or acquiescence in a proceeding
  for the construction of a will or any provision thereof.

Last modified: July 31, 2006