Can you make any request you want in a will? 20 Answers as of September 26, 2013

My parents have said that they have written in their will that I will not receive anything unless, I can prove that I am sober. Is this true?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of George H. Shers | George H. Shers
Yes, the only limits are that it not require an illegal act or offend public morality. It is perfectly reasonable that you are required to prove you are sober. Your parents are actually doing something for your good and that of society in general. You need to seek medical help to become sober.
Answer Applies to: California
Replied: 9/26/2013
Frederick & Frederick PLC | James P Frederick
That may be the case. It would be very difficult and perhaps impossible to enforce that clause, however. Who would do so, and how would they know?
Answer Applies to: Michigan
Replied: 9/25/2013
O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, if the bequest is not contrary to public policy (for example, contingent upon divorcing a spouse), then generally yes, most requests are OK for wills. Requiring one to be sober is likely an appropriate condition to inherit under a will, so it may be in the will and will likely be enforceable.
Answer Applies to: Maryland
Replied: 9/25/2013
The Center for Elder Law
The Center for Elder Law | Don Rosenberg
Absolutely they can do this and if fact they can impose, drug testing or hair analysis.
Answer Applies to: Michigan
Replied: 9/24/2013
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
While you can't write anything at all, you can write that.
Answer Applies to: California
Replied: 9/25/2013
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Wills generally have a "spendthrift" clause which indicates that if a beneficiary cannot be trusted to handle money it is put in trust for them. So yes, they can put such a clause (about being sober) in a will.
    Answer Applies to: Michigan
    Replied: 9/24/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Sure. As long as it is not against the law, you can require it.
    Answer Applies to: Nevada
    Replied: 9/24/2013
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    No, you cannot make an illegal act (like racial discrimination) in a Will and get a court to enforce it. Staying sober is probably allowed as a condition to getting a gift.
    Answer Applies to: Oregon
    Replied: 9/24/2013
    Estrada Law P.C. | Michele Ungvarsky
    Yes, you can make any conditions (within reason) that you want in a will.
    Answer Applies to: New Mexico
    Replied: 9/24/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Yes, a person can choose to whom they want to leave their possessions and what conditions, behaviors, or actions are required before the beneficiary receives anything. However, you can't require the beneficiary to do anything illegal or dangerous. Some people create a trust instead of giving money outright when they worry that the beneficiary will squander the gift. In a trust, a responsible person or company controls the assets in the trust and doles out the proceeds to the beneficiary according to the directions in the will.
    Answer Applies to: Nebraska
    Replied: 9/24/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    It could be; I've drafted that term once. It's difficult to do, but would probably involve a trust for you. You can't make any request in a will that is not lawful or that is "against public policy " for example, you could not make a gift contingent on the recipient killing someone. But many other requirements are possible.
    Answer Applies to: Oregon
    Replied: 9/24/2013
    Gates' Law, PLLC | Thomas E. Gates
    Yes, they can have that condition in their will. However, you might want to suggest they put your part of the estate in a Trust to be managed for your benefit.
    Answer Applies to: Washington
    Replied: 9/24/2013
    Attorney At Law | James G. Maguire
    Yes. Conditions can be put in a will.
    Answer Applies to: Louisiana
    Replied: 9/24/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    Yes. ?But the language should be clear.
    Answer Applies to: Michigan
    Replied: 9/24/2013
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney