conditional will

A will that depends on the occurrence of an uncertain event for the will to take effect.

• Most jurisdictions hold a conditional will valid even though the testator’s death does not result from or on the occasion of the condition mentioned in the will. The courts generally hold that the condition is the inducement for making the will rather than a condition precedent to its operation. See Eaton v. Brown, 193 U.S. 411, 24 S.Ct. 487 (1904); In re Will of Cohen, 491 A.2d 1292 (N.J. Super. Ct. App. Div. 1985). Cf. contingent will. [Cases: Wills 80. C.J.S. Wills §§ 197–198.]


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