Conditional Wills

A conditional will is one that only takes effect if a specific condition is met. If the condition, such as surviving a surgery, does not happen, the will is invalid; however, courts often interpret references to future events as the testator's intent rather than strict conditions, which can help uphold the will's validity.

John writes a will stating that it will only take effect if he survives his upcoming surgery. Unfortunately, he does not survive the surgery. The court finds that John's intent was to ensure his wishes were followed, so they uphold the will despite the condition not being met.

Conditional wills hinge on intent, not just conditions!

Exams may present scenarios where the testator's intent is ambiguous, leading students to misinterpret the condition as absolute rather than as a motive.

Questions often involve a testator's specific language about conditions and require candidates to analyze whether those conditions affect the will's validity or merely express intent.