What You Can NOT Do in a Will, Elder Law Attorney, Woodstock, GA

Generally speaking people can do whatever they want in their will sand the court will enforce their wishes. However, there are some controversial things that are done in wills that a court might disallow.

People have been known to do all sorts of strange things with their wills.

Some people attempt to control the behavior of others through the provisions in their wills and others seek to punish people for slights or out of spite. Most of the time, however, courts will enforce these provisions.

On the other hand, some things are so controversial that a court might not enforce them.

Recently, the Wills, Trusts & Estates Prof Blog published a list of things courts generally do not allow in an article titled “Controversial Will Provisions.”

The list includes:

Disinheriting a Spouse – The law does not allow you to disinherit a current spouse. Instead it provides for a spousal elective share. That means that a spouse can elect to either take what was left to him or her in the will or they can take a fixed percentage of the assets in the estate.
Encouraging Divorce – Inheritances cannot be conditioned on someone getting a divorce. Courts view any such provisions as anti-marriage and against public policy.
Limiting Marriage Choice – Although some courts have allowed it, generally you cannot attempt to force another person to only marry other people of a particular religion.

If you have questions about anything that you can or cannot do with your will, be sure to talk to an experienced estate planning attorney about them.

Reference: Wills, Trusts & Estates Prof Blog (November 13, 2014) “Controversial Will Provisions“

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