🔑 NY: In Terrorem Clauses Enforceable Whether or Not a Gift Over Exists

Under New York law, in terrorem clauses are enforceable regardless of whether a will includes a gift over.

A gift over is a provision directing the forfeited bequest to another beneficiary if the original recipient violates a condition.

This principle is codified in New York law under EPTL 3-3.5(a), which states:

§ 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.