Conditional and limited dispositions in the law of succession

Abstract

The purpose of this thesis is to analyze the subject of conditions when they are found in wills. The main elements which constitute a condition are identified and such elements are considered in the context of the particular nature of the will. The similarities and differences which exist between conditions found in obligations and conditions found in wills are highlighted. Particular attention is given to suspensive and resolutive conditions. The characteristics of each of such conditions are examined in depth, focusing on the effects which each of them will have on the testamentary disposition to which they are attached. I have given different examples of a variety of conditions which may or may not be imposed on testamentary dispositions. Each condition has mainly been considered in respect of its validity or otherwise; whether it will be considered as if it were not attached to the disposition or whether it will vitiate the disposition. Such effect is considered in relation to both bequests by singular and to bequests by universal title. The conditions which are expressly mentioned by the law are studied, making special reference to impossible and unlawful conditions. Conditions in restraint of marriage are examined separately, taking into account the particular nature of such conditions and the exceptions to which they are subject. The circumstances giving rise to the need for the giving of security or the appointment of an administrator are pointed out and analyzed. Besides conditions, this thesis also examines the elements of modus and time clauses. Their specific charicteristics ure identified, and they are distinguished from conditions, pointing out the different effect which each element produces on the testamentary disposition. Any possible amendments which may be introduced with respect to those provisions which have resulted in being ambiguous or outdated from this analysis are pointed out.