An unrestricted gift is a gift made either without condition or under a condition that will necessarily have been satisfied or not satisfied by the time shortly after the testator dies. Unrestricted gifts do not require anybody to monitor whether a condition has been fulfilled after the testator dies. Unrestricted gifts are a normal part of a simple will and a basic estate plan, and should be contrasted with restricted gifts.
In Example 1, the gift is made without any condition and is therefore an unrestricted gift.
In Example 2, the gift is conditioned on David surviving the testator. When the testator dies, David will have either survived or not survived, which makes this an unrestricted gift.
In Example 3, the gift is conditioned on David graduating from college before the testator dies. Again, this condition will either have been satisfied or not satisfied at the time of the testator’s death, and it is therefore an unrestricted gift.