A conditional devise is a type of legal provision in a will that specifies that a gift of property or assets will only take effect if a certain uncertain event occurs. If the event does not happen, the gift may be nullified or defeated. This means that the recipient will not receive the property or assets unless the specified condition is met.
Conditional devises are commonly used in estate planning and probate law. They allow individuals to set specific conditions under which their assets will be distributed after their death. This can be particularly useful in family situations where the testator (the person who makes the will) wants to ensure that certain circumstances are met before a beneficiary receives their inheritance.
Users can manage these provisions using legal forms, such as those provided by US Legal Forms, which are drafted by qualified attorneys to ensure compliance with state laws.
Here are a couple of examples of abatement:
Example 1: A testator might state in their will, "I devise my house to my daughter, provided she graduates from college." In this case, the daughter will only inherit the house if she completes her college education.
Example 2: A will may include a clause such as, "I leave my savings account to my friend, but only if he is residing in the state at the time of my death." If the friend is not a resident when the testator passes away, the devise fails. (hypothetical example)
| State | Key Differences |
|---|---|
| California | Conditional devises are generally upheld as long as the condition is clear. |
| New York | Conditional devises must not violate public policy or be impossible to fulfill. |
| Texas | Conditions must be reasonable and not contrary to law. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Contingent devise | A devise that depends on the occurrence of a specific event, similar to a conditional devise but often with different legal implications. |
| Unconditional devise | A devise that does not depend on any conditions; the beneficiary receives the gift outright. |
If you are creating a will and considering including a conditional devise, it is crucial to clearly outline the conditions. Using legal templates from US Legal Forms can help ensure your will is properly drafted. If your situation is complex, consulting with a legal professional may be advisable to navigate potential issues.
Browse our library of 85,000+ state-specific legal templates.
If the condition is not met, the devise is typically considered void, and the property may revert to the estate or be distributed according to other provisions in the will.