The Role of Behavior Clauses in a Will
Behavior clauses may require that a beneficiary take some sort of action in return for receiving an asset. For instance, such a clause could require a grandchild to go to college if he or she wants to inherit $10,00 from a grandparent. Let’s take a closer look at how to include these provisions in a will, if they are legal and if it’s a good idea to do so.
How to Add Behavior Clauses Into a Will
Generally speaking, a behavior clause can be inserted into the original will or into a subsequent version of a will.
If a will is changed to include such a stipulation, it is typically a good idea to have the document reviewed by an attorney. Otherwise, a beneficiary may try to claim that the change is invalid.
Should You Add Behavior Clauses in a Will?
While you can add such a clause in a will, it may be easier to do so with a trust. This is because trusts are harder to challenge than wills because there is no need to make its terms public. Furthermore, a will must generally go through probate, and probate can typically only end after assets have been distributed.
Therefore, it may not be wise to add requirements that a beneficiary may need months or years to comply with before an asset is distributed.
Not All Clauses Are Considered Valid
If a clause is deemed to be illegal, immoral or otherwise against the public interest, it may be stricken.
A probate attorney in Las Vegas may be able to explain why a clause was stricken and what may be done to ensure that a deceased person’s wishes are ultimately met. Learn more about the Secure Act 2020 here.