Legal Definitions - conditional bequest

A conditional bequest is a gift of property or money made through a will or trust that is subject to specific requirements. The recipient only receives the gift if they meet a particular condition or if a certain event occurs (or does not occur). These conditions are established by the person making the will or trust (often called the "testator" or "grantor") to ensure their wishes are carried out or to influence future actions.

While the conditions can be quite varied, they must always be legal and cannot violate public policy. For example, a condition that encourages illegal acts or attempts to unduly restrict a person's fundamental rights would typically be deemed invalid by a court.

Here are some examples illustrating how conditional bequests function:

• Example 1: Encouraging Professional Development

  A will might state: "I leave $250,000 to my niece, provided she successfully obtains her medical license and begins practicing as a physician within seven years of my death."

  Explanation: The niece's inheritance of the $250,000 is entirely dependent on her fulfilling the specific condition of becoming a licensed practicing physician within the stipulated seven-year timeframe. If she chooses a different career path or fails to meet this requirement, she would not receive the bequest, and the funds would be distributed according to other provisions in the will.

• Example 2: Maintaining a Legacy Property

  Consider a trust document that specifies: "My collection of rare books and manuscripts shall be given to my nephew, on the express condition that he donates the entire collection to a recognized public library or university archive within two years of my passing, and ensures it is made accessible to scholars."

  Explanation: The nephew's right to receive the valuable collection is conditional upon his taking a specific action: donating it to an appropriate institution and ensuring its accessibility within a set period. If he attempts to keep the collection for himself, sell it, or fails to donate it as specified, he would forfeit the bequest, and the collection would then be handled as directed elsewhere in the trust.

• Example 3: Supporting a Specific Cause

  A will could include a clause: "I bequeath $1,000,000 to the 'Green Valley Nature Preserve,' but only if the preserve commits to using these funds exclusively for the acquisition and protection of the wetlands adjacent to their current property within five years."

  Explanation: This is a conditional bequest to a charitable organization. The nature preserve will only receive the million dollars if it agrees to and successfully uses the funds for the specific purpose of acquiring and protecting the adjacent wetlands within the five-year window. If the preserve decides to use the funds for other projects or fails to complete the acquisition within the timeframe, the money would not be disbursed to them and would likely go to an alternate beneficiary or purpose named in the will.