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Wills • Execution of Wills
WILLS#004
Legal Definition
A conditional will is a will that is probated only when its conditions are satisfied.
Plain English Explanation
Conditional wills are simple to understand, but difficult to argue on exams. To recognize one, you simply look for a conditional statement attached to a will. For example, if Bob is headed to a safari in Africa and he writes a will that says, "If I die in Africa, I want my estate to go to..." then his will is arguably conditioned on his anticipation that he might die in Africa. But what happens if he returns from Africa safely?
Some courts would say, "Well, sure, he still has a valid will, but that will was conditional on him dying in Africa. But he didn't die. So the will is no longer valid, and it is as if Bob has no will now."
But other courts look at this issue as being one of motive. They will say, "Well, he obviously intended to have his estate distributed a specific way, so even though he didn't die in Africa, if he dies later and this is the only will we have, we should abide by it."
On an exam, you'll need to argue it both ways.
Some courts would say, "Well, sure, he still has a valid will, but that will was conditional on him dying in Africa. But he didn't die. So the will is no longer valid, and it is as if Bob has no will now."
But other courts look at this issue as being one of motive. They will say, "Well, he obviously intended to have his estate distributed a specific way, so even though he didn't die in Africa, if he dies later and this is the only will we have, we should abide by it."
On an exam, you'll need to argue it both ways.
Hypothetical
Hypo 1: Bob writes a will saying, “If I die in a car crash, I want all my assets to go to Sam.” Soon after, unfortunately, Bob does die in a car crash. Result: The condition in Bob's will is met, so the will is probated, and all Bob's assets go to Sam.
Hypo 2: Bob again writes a will with the same condition. This time, Bob dies of natural causes. Result: Since the condition in the will isn't met, some courts might say the will isn’t valid, and it's as if Bob has no will. Other courts might consider Bob’s overall intention and still probate the will, giving the assets to Sam.
Hypo 2: Bob again writes a will with the same condition. This time, Bob dies of natural causes. Result: Since the condition in the will isn't met, some courts might say the will isn’t valid, and it's as if Bob has no will. Other courts might consider Bob’s overall intention and still probate the will, giving the assets to Sam.
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Related Concepts
In California, what are the requirements for a will to be admitted to probate?
What are the requirements of a formal attested will?
What is a holographic will and what are its requirements to be valid?
What is an interested witness?
What is probate?
What is the consequence of having an interested witness?
What is the harmless error doctrine and what wills does it apply to?
