How Far Can “Dead Hand Control” Go in a Florida Will?
People often use their will (or trust) to make conditional gifts to their beneficiaries. A common example involves tying a gift or bequest to age. For instance, if you have a child who is still a minor, your trust might include language specifying they will not receive their share until they reach the age of 25. Another common condition might be tying a gift to a child attending college.
Of course, there are many examples throughout history of people attaching more unusual conditions to bequests, often as a means of expressing their personal values. Benjamin Franklin, one of America’s most celebrated founding fathers, included a clause in his will leaving a picture of the King of France adorned with 408 diamonds to his daughter, Sarah Bache. That by itself was not unusual. But Franklin added language “requesting” that Bache keep the diamonds with the picture and not fashion it into any sort of “ornament,” as he considered wearing jewelry an “expensive, vain, and useless” practice.
Are Restrictions on Marriage Valid?
In modern parlance, we refer to these types of conditional bequests as “Dead Hand Control.” This is the notion that a person seeks to control how their property is used after they die. As a general rule, Dead Hand Control is perfectly legal. Florida probate courts strive to honor a testator’s wishes as expressed in their will (or a grantor’s wishes as expressed in their trust). The key caveat is that such Dead Hand Control cannot violate “public policy.”
For example, you cannot use your will to condition an inheritance on someone committing an illegal act. And while a condition such as Benjamin Franklin’s prohibition against making jewelry would probably not violate public policy, you cannot require a beneficiary to destroy property to receive a bequest. That said, you also cannot impose any conditions that are considered unreasonable or impossible to certify.
Another area where Dead Hand Control can go too far is with respect to marriage. You cannot condition a bequest on a beneficiary never marrying or not marrying a person of a certain race. Nor can you require the beneficiary to practice or convert to a particular religion. Courts have, however, upheld conditions requiring a beneficiary to only marry a person who belongs to a specific religion. But you cannot require an already married beneficiary to obtain a divorce or otherwise promote “family strife.”
Contact a Pompano Beach Estate and Trust Litigation Lawyer Today
Dead Hand Control might seem an attractive concept to someone who wants to ensure their beneficiaries act in a certain way. Over-broad or improperly drafted language, however, can lead to will contests from aggrieved beneficiaries arguing the conditions violate public policy. If you are involved in such a dispute, it is best to consult with a qualified Pompano Beach estate and trust litigation lawyer. Contact the offices of Mark R. Manceri, P.A., today to schedule a consultation.
Source:
constitution.org/1-History/primarysources/lastwill.html
