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What are Conditional Gifts? As the name suggests a conditional gift is a gift that has some condition attached to it in a Will. The condition can be framed in one of two ways: a condition precedent – where an event must occur before the beneficiary can receive the gift; or.

Testators have, in fact, included conditional inheritances in their wills many times over the centuries, and many have been upheld as perfectly legal. A very common condition, perhaps the most common, is one related to marriage. Another common condition is to restrict what an inherited property can be used for.

It is a way for the deceased to carry out their wishes once they are no longer with us. Conditional wills, also called contingent wills, are used when an individual would like a will to become effective only if some event occurs.

Legal Requirements for Conditional Gifting Under California Law. Clarity and Specificity: Conditions attached to gifts must be clearly stated and should be specific enough to be understood by the beneficiaries and the court. Vague or ambiguous conditions may be deemed unenforceable.

Unlike conditional gifts, which may come with certain requirements or restrictions, an absolute gift doesn't have any obligations attached to it. The recipient has the freedom to use, sell, or manage the gifted property as they see fit.

General Rules on Conditional Gifts. Courts try to honor a will-maker's intent as much as they possibly can. They won't, however, enforce a condition that requires a beneficiary to break the law or one that goes against public policy.

To further complicate matters, conditional gifts are broken down into 1) conditions precedent, and 2) conditions subsequent. A condition precedent must be met before a gift is given, while a condition subsequent must be maintained to keep the gift.

A written will, or a clause or devise in a written will, may not be revoked, except by a subsequent will, codicil, or declaration in writing that is executed with like formalities, or by the testator destroying or canceling the same, or causing it to be destroyed or canceled in the testator's presence.

Conditional statements are written by connecting two propositions with the words if and then. For example, "if it is winter time, then you will likely hear Christmas carols." is a conditional statement.