Legal Definitions - testamentary condition

TESTAMENTARY CONDITION

A testamentary condition is a condition that must be fulfilled before a gift made in a will becomes effective. It is a stipulation or prerequisite in a will that constitutes the essence of the will. For example, a person may leave a gift to their grandchild, but only if the grandchild graduates from college. If the grandchild does not graduate from college, they will not receive the gift.

• A person leaves a gift to their niece, but only if the niece gets married before the age of 30. If the niece does not get married before the age of 30, she will not receive the gift.
• A person leaves a gift to their favorite charity, but only if the charity uses the money to build a new animal shelter. If the charity does not use the money to build a new animal shelter, they will not receive the gift.

These examples illustrate how a testamentary condition works. The condition is a prerequisite that must be fulfilled before the gift becomes effective. If the condition is not met, the gift will not be given. Testamentary conditions are often used to ensure that the gift is used for a specific purpose or to encourage certain behavior.