Legal Definitions - testamentary condition

A testamentary condition is a specific requirement or stipulation included within a will that dictates whether a beneficiary can receive an inheritance, or when a particular gift becomes effective. It means that the inheritance or gift is contingent upon the fulfillment or non-fulfillment of a specified act, event, or status.

Here are some examples illustrating testamentary conditions:

• Example 1: Educational Achievement

  A wealthy aunt's will states that her nephew, David, will inherit a significant trust fund only if he successfully completes a bachelor's degree from an accredited university before his 30th birthday. If he fails to meet this educational milestone by the specified age, the trust fund will instead be donated to a designated charity.

  This illustrates a testamentary condition because David's inheritance of the trust fund is entirely dependent on him fulfilling the specific requirement of earning a degree by a certain age. His right to the inheritance is conditional upon his educational achievement.

• Example 2: Property Maintenance

  A will leaves a beloved family cabin to the testator's daughter, Sarah, but includes the condition that she must personally reside in the cabin for at least six months out of every year for the first five years after the testator's death. If Sarah fails to meet this residency requirement in any given year, ownership of the cabin will automatically transfer to her brother.

  This demonstrates a testamentary condition as Sarah's continued ownership of the cabin is conditional upon her fulfilling the specific residency requirement. Her failure to meet this condition would result in the forfeiture of the inheritance.

• Example 3: Marital Status

  A grandfather's will bequeaths a substantial sum of money to his granddaughter, Emily, but specifies that she will only receive the funds if she is unmarried at the time of his death. If Emily is married when the will is probated, the money will instead be divided among her siblings.

  This is an example of a testamentary condition because Emily's eligibility to receive the inheritance is contingent upon her marital status at a specific point in time. Her right to the funds is conditional upon her being unmarried.