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.
