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Are There Provisions That Cannot Be Put In One's Will?

Generally speaking the courts will allow a provision in a will as long as that provision does not violate public policy. Therefore, it is likely a court will allow one to put a provision in a will that says that a beneficiary will not inherit from the estate if the beneficiary does not marry a Catholic person. This is because the public policy is that people should be allowed to get married and that condition would not prevent a Catholic person from not marrying at all. However, the courts would probably not allow provisions stating a beneficiary could not inherit from the estate unless the beneficiary divorces the beneficiary`s wife or if the beneficiary never marries, since this would be a violation of public policy. Also, a will maker cannot leave the estate directly to a pet. If one wants to leave one`s money to a pet, one must assign a trustee and then instruct the trustee to use the money for the pet`s care. For more information as to whether a certain provision you would like to be included in your will is contestable, please contact an attorney.

Other Wills and Trusts FAQs

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