Q&As

Can any condition be stated for fulfillment of a legacy under a Will? In particular, could a testator leave legacies to their grandchildren on the basis that they each carry out and pass a drug test?

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Published on LexisPSL on 29/11/2019

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • Can any condition be stated for fulfillment of a legacy under a Will? In particular, could a testator leave legacies to their grandchildren on the basis that they each carry out and pass a drug test?

Can any condition be stated for fulfillment of a legacy under a Will? In particular, could a testator leave legacies to their grandchildren on the basis that they each carry out and pass a drug test?

A testator may attach conditions to the gifts in their Will. However, the conditions may be void, fail to take effect, or the donee may be excused from the performance of the conditions in certain circumstances. A condition may be void:

  1. by being against public policy;

  2. by being either repugnant to the interest given to the beneficiary or repugnant to or inconsistent with other gifts in or provisions of the Will;

  3. by being too uncertain to be enforced;

  4. because the law allows it to be

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