Can my Will leave a gift to someone on the condition that he or she get divorced?
Posted on May 25, 2016 2:20pm PDT
In California, probably not. It's fairly common for a person to want to leave an inheritance to someone, "but not if he or she is still married to that monster."
A gift conditioned on the dissolution of a beneficiary's marriage is generally considered an invalid restraint on marriage, and void as against public policy, no matter how you write it. See California Civil Code §710, or
Estate of Guidotti (2001), 90CA4th 1403.
Are you wanting to leave a inheritance to someone, but not sure what restrictions or conditions you can place on the gift?
Call us (818.707.8200) to discuss how you might accomplish your objectives.
[For information only; may NOT be relied upon as legal advice.]