Section 3-3.5. Conditions qualifying dispositions; conditions against contest;  


Latest version.
  • 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      the will is a forgery or that it was revoked by a later  will,  provided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.