Conditional Wills

by M-Gillies

The courts will decide if the conditions in a deceased's will are impossible, immoral or illegal to follow.

It has been well documented that people have stipulated in their wills certain beneficiaries or actions be taken as a final request for the testators. This could be leaving an inheritance to one’s pets or requesting to be buried in a vehicle. While these are strange occurrences, there have been wills which, in order to receive an inheritance, requested of the beneficiary that they must complete a task.

Similarly to holographic and nuncupative wills, conditional wills can be attested and challenged in the Court and depending on request being made there within.

If the tasks being requested are deemed impossible, immoral or illegal, the bequest will be voided. For instance, if it is requested that the heir run 100 miles an hour otherwise they shall not be entitled to the property, the will is considered impossible. If the stipulation requests the heir murder an individual in order to gain entitlement, the conditions are considered immoral or illegal.

Read more:

Conditional Bequests and Devisements

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