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For example, the testator may leave $15,000 to his granddaughter as long as she graduates from law school by 2028; otherwise, the money goes to his son. There are two types of conditional gifts: condition precedent gifts and condition subsequent gifts. What makes them different is the timing of the condition.
A conditional gift in a Will is the gift of an asset, right or money to a beneficiary which is subject to, or affected by certain conditions specified in the Will. There are two types of conditional gifts: A condition precedent is a condition which requires an event to be satisfied before the gift takes effect.
A gift letter is a legal instrument that clearly and explicitly states, without question, that a friend or family member ?gifted? - rather than loaned - you money. You can use a gift letter for mortgage lenders who may be questioning a large influx of cash that suddenly showed up in your checking or savings account.
If the condition is viewed simply as a necessary part of making the gift, the promise is donative and unenforceable. However, if the parties view performance of the condition as the actual price of the gift, then there is a bargain and the promise is enforceable.
A conditional gift is a gift that will return to the donor if a condition subsequent is not fulfilled. (By contrast, a promise to give a gift if a condition precedent is fulfilled is an unenforceable promise to make a gift.)