Heir - Delayed Condition

What does the term "Heir According to a Delayed Condition" mean?

An heir whose gain under the will depends on a condition that the testator set in his will.

What choice does the heir under a delayed condition face, when the will is enforced?

He/she can get the inheritance upon performing the condition, or can give it up if the condition is not acceptable.

Can a testator condition the validity of a will – upon certain conditions being fulfilled?

Yes! There is nothing to prevent the testator from stating in the will itself that the provisions in it shall only take effect in certain, specified circumstances, and that otherwise his estate is to be divided according to law, for example.

What happens to property if the conditions upon which a beneficiary's inheritance depends , have not yet been fulfilled or met?

In this case, the property will be managed by the executor of the estate, until the conditions are met.

Can a conditional beneficiary under a will mortgage his right in the testator's estate, or otherwise use it as security?

No – a conditional beneficiary is not the owner of a right, and cannot mortgage it until the condition whereupon he is to inherit is fulfilled, and he assumes ownership of it.

Is it permissible for a conditional beneficiary to deliberately avoid fulfilling the condition imposed on him by the testator in his will –in order to gain the inheritance as an heir under law?

Yes! A conditional heir has the prerogative not to fulfill the condition, even if this means that he would still be entitled to inherit under law.