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Pennsylvania Estate Law Library

Conditional Gifts, Generally
A conditional gift is a testamentary gift that is only given to the named beneficiary if specific circumstances are present or specific conditions are satisfied.

The conditions associated with delivery of the gift are made by the testator in his or her will. Typical conditions associated with these types of gifts require the beneficiary perform an action, such as "I give $500 to my nephew, Peter, if he attends my funeral." Conditional gifts may also require the beneficiary to refrain from an action, such as "I give $500 to my uncle, David, if he does not attend my funeral." In either case, a condition that is illegal will not be enforced and the gift may simply be paid to the beneficiary.

If the required conditions are satisfied, valid conditional gifts are paid prior to the distribution of the residuary estate, similar to the payment of specific gifts.

Also, although some states permit conditional gifts in the form of "No Contest Clauses" or "Penalty Clauses" Pennsylvania does not enforce these clauses against any person with probable cause to contest the will.

See: Specific Gifts, Generally; Gifts, General Distribution