Can a Father condition his Daughter receiving assets of his estate on her marriage?
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?
12/05/2016 |
Category: Wills and Es... ยป Conditions |
State: Florida |
#27516
Answer:
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.
