In re Estate of Perez, 155 S.W.3d 599 (Tex. App.—San Antonio 2004, no pet.).
Testator’s will included the following language, “because I am sick
and waiting for a heart surgery, and providing ahead of any emergency, I
make the following disposition to be fulfilled in case my death occurs
during the surgery.” Testator did not die during the surgery. Instead,
he died later at his sister’s home. The lower court admitted the will to
probate and denied Contestants’ motion for a summary judgment that the
will was not entitled to probate.
The appellate court reversed. The court explained that the effectiveness
of Testator’s will was conditioned on his death during the surgery.
Because he survived the surgery and died later, the will was
ineffective. The court recognized that statements of the reasons why a
person is executing a will are normally deemed inducements and not
conditions. However, in this case, Testator’s language was unambiguous
that his will was to be effective only if he died during the surgery.
Moral: The court will give effect to a condition triggering the
effectiveness of a will. Thus, a will drafter must be careful not to
inadvertently impose a condition in situations where the testator does
not actually intend to do so.