 Event must occur before beneficiary may claim the gift.  “I leave $10,000 to X if she is a law school graduate at the time of my death.”

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Presentation transcript:

 Event must occur before beneficiary may claim the gift.  “I leave $10,000 to X if she is a law school graduate at the time of my death.”

 Beneficiary receives and retains the gift until the condition is violated.  “I leave my house to X but if X is convicted of a crime, then the house goes to Y.”  X has a fee simple subject to a shifting executory interest.  Y has a shifting executory interest.

 1. Statement of Use  Normally, precatory.

 2. Illegal or against public policy purpose  Ineffective.

 3. Personal habits.  Often upheld.

 4. Marriage  Depends on facts.

 5. Divorce  Likely invalid.

 1. Make condition clear.  2. Provide gift over.  3. Use a different estate planning technique such as a trust.