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Published byPeter Welch Modified over 9 years ago
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Must be married by midnight on Halloween to receive property under a will.
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Event must occur before beneficiary may claim the gift. Prof. Sutton’s movie. “I leave $10,000 to X if she is a law school graduate at the time of my death.”
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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.
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1. Statement of Use “I leave Alice $50,000 so she can pay the law school tuition of her daughter, Doris.” ▪ Alice uses the money for a world cruise. Normally, precatory.
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2. Illegal or against public policy purpose Ineffective.
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3. Personal habits. Often upheld.
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4. Marriage Depends on facts.
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5. Divorce Likely invalid.
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6. Others
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1. Make condition clear. 2. Provide gift over. 3. Use a different estate planning technique such as a trust.
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