Condition precedent

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Condition precedent refers to an event or state of affairs that is required before something else will occur.

"I will only go to heaven after I have died." My death is a condition precedent to my going to heaven (although it is also possible in this example for the occurrence of other conditions precedent to be needed before I go to heaven: it is not stated that I will necessarily go to heaven if I die).

In contract law, a condition precedent is a provision of a contract that suspends the coming into effect of a contract or a term of the contract unless or until a certain event takes place.

In estate and trust law, it is a provision in a will or trust that prevents the vesting of a gift or bequest until something occurs or fails to occur, e.g. the attainment of a certain age or the predecease of another person.

A condition subsequent brings a duty to an end whereas a condition precedent initiates a duty.

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