Conditional Gifts

Question

Can I use the WillMaker will to make a conditional gift?

Answer

No, with WillMaker, you cannot make a bequest that will take effect only if a certain condition occurs –- for example, "$5,000 to John if he stops smoking."

Such conditional bequests are confusing and usually require someone to oversee and supervise the beneficiaries to be sure they satisfy the conditions in the will. For example, when and how could an executor decide that John had really stopped smoking? To use the WillMaker will, you must be willing to leave property to adults outright; you cannot make beneficiaries jump through hoops or change their behavior to get it.(You can, however, appoint an adult to manage property you leave to children or young adults.)

If you really want to make a conditional bequest, seek the advice of an experienced estate planning attorney.

Learn more about conditional gifts here: https://www.nolo.com/legal-encyclopedia/conditional-gifts-wills-trusts.html

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