A conditional will attaches conditions to inheritances, requiring beneficiaries to meet certain requirements in order to receive their bequest. While conditions can serve legitimate purposes, they must be drafted carefully to be legally valid and practically enforceable.
What Conditions Are Legally Permissible?
Israeli law allows testators to attach conditions to inheritances within certain limits. Permissible conditions must be possible to fulfill, not contrary to law or public policy, clearly defined, and not conditions that effectively punish beneficiaries for exercising their legal rights.
Conditions that are impossible to fulfill, require illegal acts, or violate fundamental rights are invalid.
Common Examples of Conditional Bequests
Common conditions include: requiring a beneficiary to graduate from university, remain in a certain location, maintain a religious practice, marry within a particular group, or care for a surviving family member.
Some of these conditions are legally valid and others are not, depending on their specific formulation and circumstances. An attorney will advise on which conditions are enforceable.
The Difference Between Conditions and Requests
Testators sometimes express wishes without making them binding conditions – for example, expressing a hope that children will maintain a family property without legally requiring it. Understanding the difference between a legally binding condition and an expression of preference is important in will drafting.
Managing Conditional Inheritances
When a will includes conditions, someone must monitor whether they are being met and manage the assets during the period between inheritance and fulfillment. An executor or trustee with clear authority is usually necessary.
When Conditions Cannot Be Met
If a beneficiary fails to meet a condition, the will must specify what happens to the bequest. Does it go to the other heirs? To a charity? Back to the estate? Clear drafting avoids disputes when conditions fail.
