FREE DOWNLOAD: Drafting New York Wills and Related Documents, Fourth Edition - § 17.04 Conditional Wills

FREE DOWNLOAD: Drafting New York Wills and Related Documents, Fourth Edition - § 17.04 Conditional Wills

1-17 Drafting New York Wills § 17.04

Drafting New York Wills and Related Documents Fourth Edition
 
Copyright 2010, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

Part II Drafting New York Wills
Subpart G Sample Wills
CHAPTER 17 Various Types of Wills

1-17 Drafting New York Wills § 17.04

§ 17.04 Conditional Wills

[1] In General

 
The testator may wish his will to become effective or ineffective under certain conditions, for example, "if I die on my trip to Istanbul, but it is to become ineffective, if I return from that trip." To so provide is to create a "conditional will."1
 
Thus, where a testator wished his will to become effective only in the event that he should die before his wife, and his wife died before him, the will was held to be ineffective because it was a "conditional will."2
 
A conditional will is to be distinguished from a will which merely recites the reasons why the testator is making the will at the time of its execution.
 
Should the testator recite the reason for his making a will, for example, "should anything happen to me," that is merely an explanation of the reason for making the will but it is not a conditional will.3
 
Extrinsic evidence is admissible to determine whether or not the will was a conditional one.4

[2] § 17.04 Form 1: Conditional Will Provision

 
Should I die [describe condition; for example: during the course of my trip to or from Istanbul, which trip I expect to take in the near future], I [name testator] residing in the County of [county], State of New York, do hereby make, publish, and declare this to be my Last Will and Testament, hereby revoking any and all wills and codicils by me at any time heretofore made. Should I [describe condition revoking will; for example:
return from Istanbul after the completion of the said trip], this Will shall be revoked and of no effect.

Lexis.com subscribers can search Drafting New York Wills and Related Documents - Fourth Edition

Purchase Drafting New York Wills and Related Documents - Fourth Edition at the LexisNexis Store.

FOOTNOTES:

Footnote 1. Matter of Poonarian, 234 N.Y. 329, 137 N.E. 606 (1922); Matter of Webb, 122 Misc. 129, 202 N.Y.S. 346 (Sur. Ct. New York County 1923), aff'd, 208 A.D. 793, 203 N.Y.S. 958 (1st Dep't 1924).

Footnote 2.
Matter of Watts, 71 Misc. 2d 621, 336 N.Y.S.2d 781 (Sur. Ct. Hamilton County 1972).

Footnote 3.
Matter of Marques, 123 N.Y.S.2d 877 (Sur. Ct. Queens County 1953).

Footnote 4.
See Matter of Pascal, 309 N.Y. 108, 127 N.E.2d 835 (1955), on remand, 2 Misc. 2d 337, 152 N.Y.S.2d 185 (Sur. Ct. New York County 1956), aff'd, 4 A.D.2d 941, 167 N.Y.S.2d 1002 (1st Dep't 1957).

. . . .

Explore the LEXIS.com Estates, Gifts & Trusts and Elder Law resources

Discover the features and benefits of LexisNexis® Tax Center

For more information about LexisNexis products and solutions connect with us through our corporate site.