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Simple English definitions for legal terms
contingent will
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A quick definition of contingent will:
A contingent will is a type of will that only becomes effective if a specific condition happens. This means that if the condition doesn't happen, the will won't work. To know if a will is contingent, we need to look at whether the condition is necessary for the will to work or if it was just a reason for making the will. The person making the will must have intended for it to be contingent. Some courts don't like contingent wills, so they might interpret the condition as not being necessary for the will to work. For example, a person might make a will that only works if their child graduates from law school before they turn 30. If the child doesn't graduate, the will won't work.
A more thorough explanation:
A contingent will is a type of will that only takes effect when a specific condition happens. This means that if the condition doesn't happen, the will won't work. To determine if a will is contingent, you need to look at whether the condition is a requirement for the will to work or if it was just included to encourage the creation of the will.
For example, a person might create a contingent will that says their child will only inherit their money if they graduate from college. In this case, the condition is graduating from college, and if the child doesn't graduate, they won't inherit the money.
It's important to note that most courts don't like contingent wills, so if there's any doubt about whether a will is contingent, the court will usually assume that it's not. This means that the will would still work even if the condition doesn't happen.
Overall, a contingent will is a way for someone to make sure that their wishes are only carried out if a specific condition is met.