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.

behavior clauses and 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.

Published On: February 4th, 2020 / Categories: Blog /

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