Conditional Gifts in Wills

In this month’s CPD we will examine conditional gifts made within a will. In essence a condition may be a condition precedent or a condition subsequent depending on the wording of the clause, but must be well thought out to ensure its validity. By necessity this will be a very case law heavy paper as much of the law on the validity of conditional gifts in wills stems from cases where conditions have been challenged. As such, full case references have been provided and the reader is encouraged to read further into the judgements referred to.

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