What a Will Cannot Do

What a Will Cannot Do

A will cannot direct that anything illegal be done or put unreasonable conditions on a gift. A provision that your daughter gets all of your property if she divorces her husband will most likely be ignored by the court. She will get the property with no conditions attached. You can put some conditions in your will. Consult with an attorney to be sure they are enforceable.

A will cannot leave money or property to an animal because animals cannot legally own property. If you wish to continue paying for care of an animal after your death, you should leave the funds in trust or to a friend you know will care for the animal.

  • What is a Will?
    A last will is a document that you create to direct the management and distribution of your property and provide for the care of your minor children after your death. The importance of a last will cannot be overstated. A last will is arguably the most important legal document that the average...
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  • Leaving Property to Heirs in a Will
    A typical last will contains two types of gifts: specific and general. Specific gifts, which leave a particular object or dollar amount to a particular person, are optional, but are generally the first items of property that are distributed from a last will. A specific gift might read: "I leave to...
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  • Last Wills and Probate Court
    Probate is the legal process through which the court decides how your property will be divided. If you have a last will, the court will review that document to determine your wishes and will follow those wishes unless the last will is successfully contested by your heirs. If you do not have a last...
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  • Joint Tenancy
    Property that is owned in joint tenancy with right of survivorship does not pass under a will. If a will gives property to one person but it is already in a joint account with another person, the will is usually ignored and the joint owner of the account gets the property. The property in the...
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  • Overruling Your Will
    If all property is in joint ownership or if all property is distributed through a will, things are simple. But when some property passes by each method, a person's plans may not be fulfilled. Example 1: Bill's will leaves all his property to his sister, Mary. Bill dies owning a house jointly with...
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  • Tenancy in Common
    Property that is owned by more than one person but not owned in joint tenancy with right of survivorship or in tenancy by the entireties is often owned in a tenancy in common. This means that each person owns part of the property (such as one half or one third), and upon each person's death, the...
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