When you create your will, you must take care to only include provisions that will stand up to scrutiny in court. Many people erroneously believe that once they write something in their will, it is something that their survivors must abide by. In reality, illegal provisions are included in wills regularly, making executing these wills difficult, if not impossible.
This is common when it comes to conditional gifts. While it is possible to place conditions on gifts, not all conditions are treated equally. For instance, if you chose to give your granddaughter a car, but only on the condition that she get divorced from that girl you don’t like, the court would not uphold this condition. Conditions that concern altering the beneficiary’s religion or marriage are not legal.
It is possible, however, to include conditions on gift giving if you are careful about the terms. It would be possible to leave your granddaughter a car as gift when she completes college.
It is important to examine your entire will very carefully to ensure that it is legally sound. You certainly don’t want your loved ones to be thrust into a lengthy legal battle over your estate because you included illegal provisions in your will and a court threw some or all of them out.
Fortunately, an experienced attorney can help you navigate many of the problematic issues surrounding creating and executing your will. Having an experienced Florida estate planning attorney is an indispensable component of protecting your rights and the rights of those you love as you plan for the future.
Source: Findlaw, “What Not To Include When Making a Will,” accessed Sep. 08, 2017