Full question:
A father stated in his will that her unique daughter can inherit all his wealth if she gets married and not otherwise. Is this will valid?
- Category: Wills and Estates
- Subcategory: Conditions
- Date:
- State: Florida
Answer:
What you refer to is a conditional bequest or devise. When a Will provides for a condition to happen before an heir receive the assets left to the heir, the condition is generally upheld unless it is against public policy.Conditions on marriage have been upheld.
The Courts will not enforce a conditional that is unconstitutional, or that call for an illegal act.
We did not locate a specific answer based on Florida law. The specific wording and intent behind such a provision can be examined by the Court if you contest it.
Other conditions include, Restraints on First Marriage, Restraint on Marriage Before a Certain Age, Restraints Requiring Consent by a Designee, Conditions Requiring a Beneficiary to Become Married, Conditions Requiring a Beneficiary Remain Married, Conditions Requiring a Beneficiary Be Married, Conditions Preventing the Remarriage of Spouse, Conditions Encouraging Divorce or Separation, Benefit Conditioned on Divorce of Current Spouse, Condition Requiring that a Beneficiary’s Spouse be Deceased,
Joining or Adhering to a Particular Faith, Raising a Child in a Particular Faith, Being Drug, Alcohol, or Other Vice Free, Not Being Involved in Crime, Acquiring a Certain Level of Education, Attaining a Certain Age, Not Placing Surviving Spouse in Nursing Home, Requiring that Beneficiaries Not Communicate with Disinherited Siblings, Not Joining the Military and Requiring a Beneficiary to Resume or Maintain a Family Name.
Some of these may be upheld and others not depending on the facts and State.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
