Which statement about no-contest provisions in New York is correct?

Prepare for the New York Multistate Bar (MBE) Exam. Study with tailored flashcards and multiple-choice questions, each offering insightful hints and detailed explanations. Boost your confidence and readiness!

Multiple Choice

Which statement about no-contest provisions in New York is correct?

Explanation:
No-contest provisions in New York are recognized, but they are not absolute. The law provides carve-outs from forfeiture, so a beneficiary isn’t automatically disinherited in every contest. That’s why the correct statement is that there are exceptions to forfeiture under New York law. The other options describe the rule in overly absolute terms or wrongly claim such clauses aren’t allowed at all. In practice, some challenges to a will may be barred by a no-contest clause, while others—made with legitimate grounds or under specific exceptions—may proceed without triggering forfeiture.

No-contest provisions in New York are recognized, but they are not absolute. The law provides carve-outs from forfeiture, so a beneficiary isn’t automatically disinherited in every contest. That’s why the correct statement is that there are exceptions to forfeiture under New York law. The other options describe the rule in overly absolute terms or wrongly claim such clauses aren’t allowed at all. In practice, some challenges to a will may be barred by a no-contest clause, while others—made with legitimate grounds or under specific exceptions—may proceed without triggering forfeiture.

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