Imagine this: You’re an explorer about to embark on a dangerous journey to the depths of the Amazon rainforest. You want to ensure your loved ones are taken care of, but only if you don’t return from this daring expedition. This is one scenario where a conditional will may come into play. These types of legal documents allow you to attach specific conditions to the distribution of your assets. But beware, there are certain intricacies of conditional wills that require careful consideration, and your best bet is always to contact a lawyer to determine if it’s the right thing for you to do. Below, we discuss what a conditional will is, some case summaries, and the issues with conditional wills. Let’s *explore* this topic more in-depth!
What is a “condition,” and what are the different types?
Conditional wills involve distributing assets based on specific stipulations. This means that certain conditions must be met for the will, or portions of it, to be valid. For instance, a will might state, “I leave my estate to my brother once he turns 18,” or “If I die during surgery on January 23, 2025, I bequeath my assets to my brother.”
These conditions can apply to the entire will, making its validity dependent on a single event. Alternatively, conditions can affect only specific provisions within the will. In this case, the will remains valid, but certain bequests might be revoked or altered based on the occurrence of a specific event.
How to create a conditional bequest or conditional will
Drafting a will with conditional provisions or a will that is entirely conditioned on one event are two different concepts. Let’s discuss both:
Conditional will: This type of will is entirely dependent on a specific event happening. If the event occurs, the will is valid, and the assets are distributed according to its terms. If the event does not occur, the will is considered invalid, as if it never existed. The will-maker’s assets would then be distributed according to state laws. For example, “If I die during my trip to the Amazon, then I leave all my assets to my sister.” This will may only be valid if the will-maker dies during their Amazon trip.
Conditional bequests in a will: This involves placing conditions on specific gifts within the will. The will itself remains valid regardless of whether the conditions are met. However, the specific bequest in question may be revoked or altered based on the condition. For example, “I leave my car to my son, but if he gets married before he turns 25, then I leave my car to my daughter.” In this case, the son will only receive the car if he remains unmarried until he turns 25. If he marries before then, the car goes to the daughter. The rest of the will remains valid regardless.
Examples of conditional wills in case law
Case law is the best place to see what real courts say about conditional wills and learn how they work in the real world. Below you can find some case law (i.e., court opinions) about conditional wills.
Case summary: Holbrook’s Estate
One recent case from 2016 involved a dispute among siblings and a grandchild over the interpretation and validity of their mother/grandmother’s will. The will appeared to be conditional due to its opening sentence: “In the event that I don’t make it through surgery on Thurs the 23rd of Jan. ’03, I wish to bequeath…” The testator (mom/grandma), however, survived the surgery and lived for another ten years. When she did eventually die, this raised the question of whether the will was valid, given that the stated condition did not occur (she didn’t die during surgery).
The result? The court said that wills are permissible and acknowledged that they are valid instruments in Vermont, citing that many other states also permit conditional wills.
The court emphasized that determining whether a will is truly conditional involves construing the testator’s intent. Was the condition a mere statement of motive, or did the testator intend the will to be valid only if the condition occurred? This requires careful examination of the will’s language and surrounding circumstances. The court remanded to the lower court for more questioning.
If the will WAS considered conditional:
- And the condition WAS met: The will is valid, and the bequests are distributed according to the will’s terms, and not default law (intestate law).
- But the condition WAS NOT met: The will is NOT valid, as if it never existed. The will-maker is considered to have died intestate (without a will), and their assets are distributed according to state intestacy laws.
If the will IS NOT considered conditional:
- The will IS valid, and the bequests are distributed according to its terms, regardless of whether any stated “conditions” occurred or not. The court would interpret those statements as expressions of motive or the circumstances surrounding the will’s creation, not as binding conditions.
So, in this case, if, on remand, the court finds that the will WAS conditional upon the will-maker (mom/grandma) dying during surgery (and since she didn’t), the will would be invalid. Her assets would be divided according to Vermont intestacy laws, likely meaning equal shares to her children, not grandchildren.
If the court finds it was NOT conditional, the will stands as it is, with the 13-way division between children and grandchildren.
In re Est. of Holbrook, 140 A.3d 788, 793 (2016)
Case summary: Succession of Wade
In a 2024 Louisiana case, a Louisiana court addressed the validity of conditional bequests in a will. Cladie Wade’s (the will-maker) will stipulated that her daughter, Alma, would inherit property in Oakland only if she sold it and shared the proceeds with Carl, her brother. Failure to do so would result in Alma forfeiting her entire inheritance. The condition here is selling the house. Failing to meet the condition would result in losing out on the property.
This provision sparked a legal battle between Alma and Carl, with Alma contesting the legality of the conditional legacy. While the court ultimately invalidated the conditional bequest due to a later codicil, it affirmed the general principle that conditional bequests are permissible in Louisiana.
However, the court emphasized a crucial caveat: such conditions must be lawful and possible to fulfill. This highlights the importance of ensuring that conditions attached to bequests are both legal and achievable to avoid unintended consequences and potential disputes.
Succession of Wade, 387 So. 3d 831, 834 (2024)
Case summary: Del Val’s Estate
In an older case from the ‘80s, a California court analyzed a conditional will from Gregorio Del Val (the will-maker), who executed a handwritten will, leaving his belongings to certain beneficiaries. The will contained the phrase, “If there is anything happen to me tonight…” which is the subject of the dispute over whether the will was a conditional will and whether the condition was fulfilled.
The result? The court ruled that the will was not conditional but rather expressed Del Val’s motivation for making the will at that moment. The court considered that Del Val executed the will the day before he was admitted to the hospital for a serious heart condition. This suggested that he was motivated by a sense of urgency to make his wishes known. In addition, after executing the will, Del Val did not discuss it with anyone and never revoked it. This implied that he intended the will to be effective regardless of whether he died that night.
The bottom line? This was actually NOT considered a conditional will, and instead an absolute will, so there is no question of whether the condition was met or not because it was a valid will regardless of the statement.
In re Del Val’s Estate, 159 Cal.App.2d 600 (1958)
Issues with conditional wills
As you can see from the cases above, conditional wills can be disputed based on whether or not they’re legal, possible, and other reasons. It creates room for questions about whether the conditions were met and can cause disputes between beneficiaries trying to determine the meaning behind the condition. Creating complex conditions in wills can be dangerous because they can easily lead to ambiguity, misinterpretation, and costly legal battles that ultimately undermine the will-maker’s wishes. The inherent uncertainty surrounding the fulfillment of conditions can create a breeding ground for conflict, especially when significant assets or emotional attachments are involved. In addition, unforeseen circumstances or changes in the law may render a seemingly straightforward condition impossible or illegal to fulfill, potentially invalidating the entire will or leading to outcomes that the testator never intended.
Alternatives to conditional wills
If you’re aiming to attach conditions to your estate without the potential pitfalls of a conditional will, such as creating disputes or questions of validity, you can also speak with a lawyer and consider these alternatives:
- Trusts: Trusts offer greater flexibility and control. You can specify intricate conditions within the trust document and appoint trusted individuals (trustees) to ensure those conditions are properly executed. This provides a more robust framework for managing complex bequests.
- Beneficiary designations: For certain assets like life insurance policies and retirement accounts (such as 401ks), you can directly designate beneficiaries. This allows you to bypass the will entirely and ensure that these assets are distributed according to your wishes.
These options may provide a more secure and reliable way to achieve your estate planning goals (depending on your goals) while minimizing the risks associated with conditional wills. Always speak with a lawyer to determine what the best option for you is!
Bottom line on conditional wills
The bottom line is that conditional wills (or conditional bequests within wills) can be a powerful (but dangerous) tool for tailoring your estate plan to specific circumstances. As we’ve explored, unclear language, impossible conditions, and unforeseen events can all throw a wrench into the works, potentially derailing your wishes and sparking conflict among your loved ones. By carefully considering the alternatives and seeking guidance from an experienced estate planning attorney, you can ensure your legacy is protected, and your final wishes are carried out with clarity and precision.
Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com
0 Comments