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Must be married by midnight on Halloween to receive property under a will.

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Presentation on theme: "Must be married by midnight on Halloween to receive property under a will."— Presentation transcript:

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2 Must be married by midnight on Halloween to receive property under a will.

3  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.”

4  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.

5  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.

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

7  3. Personal habits.  Often upheld.

8  4. Marriage  Depends on facts.

9  5. Divorce  Likely invalid.

10  6. Others

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


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