A conditional bequest is a type of provision in a will or trust that grants an inheritance to a beneficiary only if specific conditions are met. These conditions can vary widely, depending on the intentions of the testator (the person making the will) or the grantor (the person creating the trust).
Conditional bequests are often used to incentivize certain behaviors or achievements, such as graduating from college, reaching a specific age, or maintaining a certain lifestyle. For example, a grandparent may leave a conditional bequest of $50,000 to a grandchild, stipulating that it will be issued only after the grandchild turns 25 years old or graduates from a four-year university.
In the absence of the specified condition being fulfilled, the inheritance may either lapse (meaning it will not be given to the intended beneficiary) or be redirected to an alternate beneficiary as outlined in the will or trust. This mechanism helps ensure that the testator’s wishes are honored and can also serve to teach responsibility or encourage achievements among beneficiaries.
In Texas, like many other states, the enforceability of a conditional bequest is subject to state laws, which dictate how conditions must be structured. It is essential that the conditions be clear, reasonable, and not violate public policy to ensure they are upheld during the probate process.
« Back to Glossary Index