Legal Definitions - contingent will

A contingent will is a type of last will and testament that only becomes legally effective if a very specific condition or event occurs. Think of it as a will with an "on/off switch" tied to a future happening. If that particular condition is met, the will is valid and dictates how the person's assets are distributed after their death. However, if the specified condition does not occur, the will is considered inoperative, meaning it has no legal force, and the person's estate would be handled either by a previous valid will or according to the laws of intestacy (dying without a valid will).

Courts carefully examine the language of a document to determine if the person making the will (the testator) truly intended for its validity to hinge on a specific event. Generally, courts tend to disfavor contingent wills because they can lead to uncertainty and potentially invalidate a person's wishes. Therefore, if there's ambiguity, a court might try to interpret the condition as merely the reason or motivation for making the will, rather than a strict requirement for its effectiveness, in an effort to uphold the will's overall validity.

Here are some examples to illustrate how a contingent will might work:

• Example 1: The Adventurous Traveler

  Imagine a person, Sarah, who is about to embark on a dangerous solo sailing trip around the world. Before leaving, she drafts a will stating, "This will shall only be effective if I do not return alive from my circumnavigation voyage, which begins on June 1st." In this scenario, the will's validity is entirely dependent on Sarah's safe return. If she successfully completes her trip and comes home, this specific will becomes invalid, and any previous will she had (or the laws of intestacy) would govern her estate. If, however, she perishes during the voyage, this contingent will would then take effect, ensuring her assets are distributed as she wished under those specific circumstances.

• Example 2: The Expectant Grandparent

  Consider John, who desperately hopes his son, Michael, will have a child. John drafts a will that includes the clause, "This will is valid only if my son, Michael, becomes a parent and has a child born before my death." Here, the birth of a grandchild is the critical condition. If Michael has a child before John passes away, this will becomes fully effective. If Michael does not have a child before John's death, then this contingent will would be considered void, and John's estate would be distributed based on any prior valid will or state law.

• Example 3: The Critical Medical Procedure

  Suppose Maria is facing a high-risk surgical procedure. She writes a will that states, "Should I not survive the surgical procedure scheduled for next Tuesday, then this document shall serve as my last will and testament." The contingency here is her survival of the surgery. If Maria successfully recovers from the operation, this particular will is rendered inoperative. Her estate would then be managed according to a previously existing will or the standard rules for someone who dies without a valid will. If, tragically, she does not survive the surgery, then this contingent will would become legally binding.