Conditional Wills

True conditional will cases are rare — usually the court deems will language such as, “I write this will because I am afraid I’ll die from my upcoming surgery,” as a statement of inducement rather than condition.  Here is a recent true conditional will case.

The testator’s will stated that he made the dispositions in the will “in case” he died during pending heart surgery.

The testator survived the operation and died sometime after the surgery in his sister’s home.

The court in the case of In re Estate of Perez, 155 S.W.3d 599 (Tex. App.–San Antonio 2004), held that the will was conditional and that the testator intended it to be effective only if the testator died during the surgery.