§ 3-3.5 Conditions qualifying dispositions; conditions against contest;\n limitations thereon\n (a) A condition qualifying a disposition of property is operative\ndespite the failure of the testator to provide for an alternative gift\nto take effect upon the breach or non-occurrence of such condition.\n (b) A condition, designed to prevent a disposition from taking effect\nin case the will is contested by the beneficiary, is operative despite\nthe presence or absence of probable cause for such contest, subject to\nthe following:\n (1) Such a condition is not breached by a contest to establish that\nthe will is a forgery or that it was revoked by a later will, provided\nthat such contest is based on probable cause.\n (2) An infant or incompetent may affirmatively oppose the probate of a\nwill without forfeiting any benefit thereunder.\n (3) The following conduct, singly or in the aggregate, shall not\nresult in the forfeiture of any benefit under the will:\n (A) The assertion of an objection to the jurisdiction of the court in\nwhich the will was offered for probate.\n (B) The disclosure to any of the parties or to the court of any\ninformation relating to any document offered for probate as a last will,\nor relevant to the probate proceeding.\n (C) A refusal or failure to join in a petition for the probate of a\ndocument as a last will, or to execute a consent to, or waiver of notice\nof a probate proceeding.\n (D) The preliminary examination, under SCPA 1404, of a proponent's\nwitnesses, the person who prepared the will, the nominated executors and\nthe proponents in a probate proceeding and, upon application to the\ncourt based upon special circumstances, any person whose examination the\ncourt determines may provide information with respect to the validity of\nthe will that is of substantial importance or relevance to a decision to\nfile objections to the will.\n (E) The institution of, or the joining or acquiescence in a proceeding\nfor the construction of a will or any provision thereof.\n
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