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
