Q: Can the court enforce a specific age for inheritance to be received by beneficiaries if it’s detailed in a will??
My mom passed when I was 19, and she put in her will that we are to get 1/3 of our inheritance when we turn 30, another 1/3 when we turn 35 and the remaining 1/3 when we turn 40. Does this have to be enforced? Any way around this?
A:
Yes, it's enforceable. What you are describing is not just a will, but also a trust that was created in the will (a testamentary trust). To but it bluntly, courts are going to enforce wills and trusts exactly as they are written as long as the testator/trustor had a legitimate estate planning reason to structure their will and trust the way they did, and they were not trying to defraud someone who had statutory rights in the estate. Otherwise, you're going to need to prove one of the typical grounds for invalidating a will like lack of capacity, duress, fraud, undue influence, etc.
Without that the only way I see a judge going against the terms of the will is if one of the heirs is permanently disabled or has a bona fide severe medical condition that will require permanent ongoing care, and invading the inheritance funds is necessary to keep the heir in question from becoming a pauper or ward of the state.
For further information, consult with an experienced probate attorney in your area.
Kenneth V Zichi agrees with this answer
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