Can You Use A Will To Leave A Conditional Gift?

A will is your opportunity to control what happens to your estate. You can use it to leave money and property to your chosen heirs. You may be wondering: Can I use my will to leave a conditional gift? The short answer is “yes”—though, not all conditions are enforceable and a trust is often a much better way to leave property/assets with conditions. Here, our Norwood estate planning lawyer provides an overview of the key points to know about using your will to leave a conditional gift in Massachusetts.

You Can Use Your Will to Leave a Conditional Gift 

A conditional gift is a bequest that takes effect only if specific conditions are met by the beneficiary. You may sometimes hear these referred to as a contingent bequest. First and foremost, it is important to emphasize that it is technically permissible to use a will to leave a conditional gift in Massachusetts. For example, you might leave a sum of money to your grandchild on the condition that they reach a certain age. 

Massachusetts Law Requires Conditional Terms Be Lawful and Reasonable 

While you have the freedom to set conditions on your gifts, Massachusetts law mandates that these conditions must be both lawful and reasonable. Conditions that are illegal, impossible to fulfill, or against public policy are considered void and unenforceable. What is allowed? The specific circumstances of the case will always matter. Here are some general examples:

• College Education Requirement (Usually Allowed): A grandparent may leave $50,000 to a grandchild provided she obtains a bachelor’s degree by age 25. That type of condition is generally considered to be lawful and reasonable because it encourages education.
• Marriage Restriction Condition (Likely Unenforceable): On the other hand, a condition that leaves money to a grandchild provided he or she only marries another person within the same religious faith will almost certainly be voided as a violation of public policy.

Trusts are Generally Far Better Estate Planning Tools for Conditional Bequests 

A will can be used to provide certain types of conditional gifts in Massachusetts. With that being said, it is generally not the best option for doing so. These types of terms are at high risk of being contested in probate—especially if the conditions are somewhat complex. While wills can include conditional gifts, trusts are a far superior tool for this purpose. Trusts offer enhanced flexibility, control, and protection that wills simply cannot match. Trusts offer the grantor (the trust creator or maker) more control, more privacy, and they are easier to enforce with conditions. 

Contact Our Boston Estate Planning Attorney Today

At Fisher Law LLC, our Boston estate planning lawyers are committed to protecting the rights and interests of clients. If you have any questions about leaving conditional gifts to heirs, we are here as a resource. Call us now or contact us online to set up your fully confidential, no obligation initial case review. We provide estate planning services throughout the Greater Boston metropolitan area.