As a part of estate planning, people draft wills to bequeath their assets to selected beneficiaries after their death. They also state who they want to become the guardian of their minor children or pets. However, in unique circumstances, you may want someone to inherit an item of yours only if certain conditions are met. Is there a legal way to do so? The answer is yes, but you have to take care not to add conditions the court might void. Below is an introduction to conditional wills.

A Brief Guide to Conditional Estate Planning

What Types of Conditions Are There?

People may include conditions precedent or conditions subsequent.

Conditions precedent mean the recipient must do something before they can inherit, such as enter a certain profession or turn age 25.

Conditions subsequent mean that the recipient can enjoy a gift they have already received as long as they continue doing something, such as living at home to care for an aging relative. They lose the gift if they stop.

What Conditions Are Not Allowed?

The court will uphold most conditions. For instance, if you wish to leave a sum of money to your granddaughter only if she graduates from college, you can do that. However, the court will declare void any conditions that are illegal or against public policy, impossible to perform, or unclear. For instance, a conditional bequest requiring someone to divorce their spouse or smear someone's good name is not allowed because it goes against the public good.

Moreover, if you've already left an asset to another recipient, the court will void any statement that you wish to leave the same asset to someone else if they fulfill a condition because it's impossible to complete both terms. 

What Happens When a Condition Is Voided?

When the court voids a condition precedent of land or real estate, it becomes part of the decedent's residual estate. In other words, it goes to whoever is named as the recipient of all unnamed, residual property instead of the original recipient.

For personal property, the court uses its discretion and may or may not honor the request. However, they will likely not require the condition to be met first.

If you need a lawyer to draft a will or help you with estate planning, contact The Law Offices of Bromm, Lindahl, Freeman-Caddy & Lausterer in Wahoo, NE. They have served Saunders County and the surrounding area since 1893. In addition to estate planning, they also specialize in probate, family law, business law, and civil litigation. Learn more about the firm on their website or call (402) 443-3225 to make an appointment.