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Conditional Wills

Conditional Wills. Defined. A will which states that it is effective only if a stated event occurs (or does not occur). “This will is effective only if I die in 2009.” “This will is effective only if The Situation wins DWTS in 2010.”. Determining if a will is conditional. 1. Presumption

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Conditional Wills

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  1. Conditional Wills

  2. Defined • A will which states that it is effective only if a stated event occurs (or does not occur). • “This will is effective only if I die in 2009.” • “This will is effective only if The Situation wins DWTS in 2010.”

  3. Determining if a will is conditional • 1. Presumption • Will is general, not conditional. • Events presumed to be inducements, not condition precedents.

  4. Determining if a will is conditional • 2. Cases • Ferguson – p. 299 • “I am going on a journey and I may never come back alive so I make this will, but I expect to make changes if I live.” • Inducement only; not conditional.

  5. Determining if a will is conditional • 2. Cases • Perez – p. 302 • “I make the following disposition to be fulfilled in case my death occurs during the surgery.” • Conditional.

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