QUESTION
Can you make any request you want in a will?
Asked on Sep 24th, 2013 on Estate Planning - California
More details to this question:
My parents have said that they have written in their will that I will not receive anything unless, I can prove that I am sober. Is this true?
18 ANSWERS
Yes, the only limits are that it not require an illegal act or offend public morality. It is perfectly reasonable that you are required to prove you are sober. Your parents are actually doing something for your good and that of society in general. You need to seek medical help to become sober.
Answered on Sep 26th, 2013 at 4:53 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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While you can't write anything at all, you can write that.
Answered on Sep 25th, 2013 at 3:07 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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That may be the case. It would be very difficult and perhaps impossible to enforce that clause, however. Who would do so, and how would they know?
Answered on Sep 25th, 2013 at 1:30 AM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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Absolutely they can do this and if fact they can impose, drug testing or hair analysis.
Answered on Sep 24th, 2013 at 6:43 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Wills generally have a "spendthrift" clause which indicates that if a beneficiary cannot be trusted to handle money it is put in trust for them. So yes, they can put such a clause (about being sober) in a will.
Answered on Sep 24th, 2013 at 5:45 PM
3 Awards
Sure. As long as it is not against the law, you can require it.
Answered on Sep 24th, 2013 at 5:45 PM
No, you cannot make an illegal act (like racial discrimination) in a Will and get a court to enforce it. Staying sober is probably allowed as a condition to getting a gift.
Answered on Sep 24th, 2013 at 5:44 PM
Yes, a person can choose to whom they want to leave their possessions and what conditions, behaviors, or actions are required before the beneficiary receives anything. However, you can't require the beneficiary to do anything illegal or dangerous. Some people create a trust instead of giving money outright when they worry that the beneficiary will squander the gift. In a trust, a responsible person or company controls the assets in the trust and doles out the proceeds to the beneficiary according to the directions in the will.
Answered on Sep 24th, 2013 at 5:44 PM
Yes, you can make any conditions (within reason) that you want in a will.
Answered on Sep 24th, 2013 at 5:44 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It could be; I've drafted that term once. It's difficult to do, but would probably involve a trust for you. You can't make any request in a will that is not lawful or that is "against public policy " for example, you could not make a gift contingent on the recipient killing someone. But many other requirements are possible.
Answered on Sep 24th, 2013 at 1:35 PM
Yes, it is possible to include such a provision in a Will. These are known as incentive clauses.
Answered on Sep 24th, 2013 at 1:35 PM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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Yes, they can make that provision. They should make sure they have provided what the criteria is to prove that you are sober.
Answered on Sep 24th, 2013 at 12:26 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, the people making the will can put in just about any type of requirement they want.
Answered on Sep 24th, 2013 at 12:21 PM
Thomas Edward Gates
Yes, they can have that condition in their will. However, you might want to suggest they put your part of the estate in a Trust to be managed for your benefit.
Answered on Sep 24th, 2013 at 12:21 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Yes. Conditions can be put in a will.
Answered on Sep 24th, 2013 at 12:20 PM
Yes. ?But the language should be clear.
Answered on Sep 24th, 2013 at 12:20 PM
2 Awards
Yes they can make that condition.
Answered on Sep 24th, 2013 at 12:20 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You can pu any thing in a will you desire; does not mean the provision is enforceable.
Answered on Sep 24th, 2013 at 12:19 PM