Contingent Wills in New York

A contingent will is a legal document that provides instructions for the distribution of assets in the event that certain conditions are met, such as the death of a named beneficiary. In New York, contingent wills are a popular estate planning tool that can help individuals ensure that their assets are distributed in accordance with their wishes, even if unexpected events occur. Whether you are concerned about the possibility of a beneficiary passing away before you, or you want to ensure that your assets are distributed in a specific way based on certain conditions, a contingent will may be the right choice for you. Contact an experienced New York estate planning lawyer at Stephen Bilkis & Associates to discuss how a contingent will may be able to help achieve your estate planning goals.

One of the most common reasons for creating a contingent will is to address the possibility that a named beneficiary may pass away before the testator. For example, a testator may create a will that directs their assets to be distributed to their children upon their death. However, if one of the children passes away before the testator, the assets may not be distributed in the way that the testator intended. By creating a contingent will, the testator can provide instructions for the distribution of assets in the event that a named beneficiary passes away before the testator.

Contingent wills can also be used to address other specific conditions or events. For example, a testator may create a will that directs their assets to be distributed to a specific charity upon their death, but only if the charity is still in existence at that time. If the charity has ceased to exist by the time of the testator's death, the assets may not be distributed in the way that the testator intended. By creating a contingent will, the testator can provide instructions for the distribution of assets in the event that a specific condition or event occurs.

Another common use of contingent wills is to provide for the care of pets or other animals. For example, a testator may create a will that directs their assets to be used for the care and maintenance of their beloved dog, but only if a specific individual is willing and able to take on the responsibility of caring for the animal. By creating a contingent will, the testator can provide instructions for the distribution of assets in a way that is consistent with their wishes and values.

While contingent wills can provide an effective way to plan for unexpected events and ensure that assets are distributed in accordance with a testator's wishes, it is important to work with an experienced New York estate planning lawyer to ensure that the will is valid and legally enforceable. The requirements for creating a valid will in New York can be complex, and even small errors or oversights can lead to a will being invalidated. It is also important to regularly review and update the will as circumstances change. This can help ensure that the will remains consistent with the testator's wishes and that it continues to reflect their values and objectives over time.

Matter of Poonarian, 201 App. Div. 288 (N.Y. App. Div. 1922). In this case, an instrument purported to be a will was contested by next of kin upon the decedent's demise. The document, handwritten by H.A. Poonarian, contained conditional language suggesting its effectiveness only in the event of his death during a trip to Constantinople. The surrogate denied probate, deeming it contingent on an unfulfilled condition. The appeal addressed whether the instrument was exclusively intended for Poonarian's demise during the specified journey. The court highlighted the historical tendency to interpret such wills strictly. Emphasizing the crucial factor of whether the event serves as an inducement or a condition for the will's effectiveness, it explored various cases with similar issues. Despite the literal language, the court considered Poonarian's unfamiliarity with English, his use of the term "will," and the unrelated nature of the disposition to support a construction where the journey reference was merely an inducement. The decision reversed the surrogate's ruling, directing further proceedings to ascertain the testator's true intent, reflecting the delicate balance courts navigate in interpreting wills with conditional elements.

These cases illustrate the importance of creating a valid and effective contingent will that meets all of the legal requirements in New York. By working with an experienced estate planning attorney in New York, individuals can ensure that their wills are enforceable and that their assets are distributed in accordance with their wishes, even in the face of unexpected events.

Contingent wills can provide an effective way for individuals to plan for unexpected events and ensure that their assets are distributed in accordance with their wishes. Whether you are concerned about the possibility of a beneficiary passing away before you or you want to provide for certain conditions in your will, a contingent will can help you achieve your estate planning goals. However, it is important to work with an experienced estate planning attorney serving New York to create a valid and effective contingent will that meets all of the legal requirements in New York. With the right guidance and support, you can have peace of mind knowing that your assets will be distributed according to your wishes. Contact us  at 800-696-9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Nassau County, Queens, Manhattan, Long Island, Brooklyn, Suffolk County, Westchester County, Staten Island, and Bronx.