Is it possible to make parts of a will conditional?

Jeremy Sproket

My dad has a number of residential rental properties and he is going to give one to me and one to my brother as an early inheritance. This will come out of our "inheritance allowance" our accountant has advised us.

I have been with my boyfriend for the past few years, we are not married and no kids.

The house will be in my name I want to put it in my will that he can live there if I die for the rest of his natural life, but it will remain in my brother's name legally. The condition is that he can only live there provided he remains single thereafter, the moment he enters a relationship, he must leave the house.

He also will not be entitled to a penny of any money I leave if he is with someone else.

I don't want another woman benefiting from my money or property.

JCX BXC

Whatever about the house, when you die, if you leave him something (money) in the will, he gets that. There's no mechanism for taking that back off him in the future should he meet someone else and choose to have a relationship with this person. (How would you define 'single'? Unmarried? Or must he take a pledge of abstinence?)

The best advice I can give is politely inform your BF to run a mile.

2012paddy2012

JCX BXC wrote: »

Whatever about the house, when you die, if you leave him something (money) in the will, he gets that. There's no mechanism for taking that back off him in the future should he meet someone else and choose to have a relationship with this person. (How would you define 'single'? Unmarried? Or must he take a pledge of abstinence?)

The best advice I can give is politely inform your BF to run a mile.

I agree - Jesus

Dublinandy3

Have you never seen Brewster's millions?

Then again even he was allowed to have a bit of romance.

sameoldname

You're essentially looking to bribe someone into staying faithful to you after your death. Not a legal opinion but I would seriously consider going to a therapist. Life is too short to think like that.

HBC08

Your best bet would be to come back as a ghost and try to sabotage any future romance he might have.

Dublinandy3

HBC08 wrote: »

Your best bet would be to come back as a ghost and try to sabotage any future romance he might have.

Plus then, her brother who owned the house could make some money marketing it as a haunted house. Forever roamed by a jealous ghost.

Kewreeuss

Are you past childbearing age?
This is the opposite of a pre-nup, it’s a post morte!
Pardon my latinorum

RossieMan

This is a terrible troll. Atleast put a bit more effort in.

mickdw

Madness. Who could possibly police this when you are dead. Either give him a life time interest in the place or dont do that at all and just will him some money instead.
I know of a case where a family left son house in similar arrangement.
Pure evil really. Son looked after parents then the Will basically said he had to go if he married.
He currently lives in house with partner but did not marry.
Personally i dont see such a will standing up.

Kewreeuss

I’m a troll or the thread is?

elgicko

Jeremy Sproket wrote: »

My dad has a number of residential rental properties and he is going to give one to me and one to my brother as an early inheritance. This will come out of our "inheritance allowance" our accountant has advised us.

I have been with my boyfriend for the past few years, we are not married and no kids.

The house will be in my name I want to put it in my will that he can live there if I die for the rest of his natural life, but it will remain in my brother's name legally. The condition is that he can only live there provided he remains single thereafter, the moment he enters a relationship, he must leave the house.

He also will not be entitled to a penny of any money I leave if he is with someone else.

I don't want another woman benefiting from my money or property.

Who said romance.ia dead! Jaysus, if you feel like that about the bloke, should you really be together!!

Kewreeuss

And does your partner know you are thinking along these lines?
If you did have a child you could leave the property to the child.
However it is an interesting question - would the will be valid with those conditions?

Peregrinus

No, you can't do this. Conditions in restraint of marriage are void as being contrary to public policy.

You can certainly leave the house to your brother but leave your boyfriend a life interest in the property. This means he can live there until he dies, but it reverts to your brother's estate on his death. I do not see how you can make this life interest conditional on him remaining single.

As you are not married I would recommend just leaving the property to your brother.

ax530

If you observe what happens when people die you will realise things keep moving and 'you can't take it with you', don't think you should try to control what happens when you are gone.
If your partner went though the heartbreak of losing you would you not like him to meet someone else and have some happiness?
On the house yes you can leave it to your brother however presume if you cohabiting for X years you will have to give some precent of estate to your partner.

SteM

You seem willing to spend the rest of your life with this man. Why would you not want him to be happy at some point down the line if you pass away?

loyatemu

HBC08 wrote: »

Your best bet would be to come back as a ghost and try to sabotage any future romance he might have.

have yourself embalmed and placed in the living room as a warning to any future gold-digging women.

dmakc

Bunny boiler. You'd literally be haunting him for the rest of his life.

Jeremy Sproket

Jeremy Sproket wrote: »

I don't want another woman benefiting from my money or property.

What if he has gay tendencies and moves a fella in after you croak it?

Calahonda52

I think she is taking us for a 50% Swedish ride.
https://www.boards.ie/vbulletin/showthread.php?p=117159832

Professor Moriarty

Calahonda52 wrote: »

I think she is taking us for a 50% Swedish ride.
https://www.boards.ie/vbulletin/showthread.php?p=117159832

If the OP is just concocted, kudos to the OP poster for creating such a clever wind up.

Jeremy Sproket

Calahonda52 wrote: »

I think she is taking us for a 50% Swedish ride.
https://www.boards.ie/vbulletin/showthread.php?p=117159832

Are you accusing me of lying?

There's a report button, yaknow?

pjohnson

Bam Bam Mickey wrote: »

What if he has gay tendencies and moves a fella in after you croak it?

You've broken the system :pac:

JeffKenna

I like your style OP.

Jim_Hodge

You're a Young woman. What happens if you have a child with this boyfriend and you then die? Will you deny both of them a home and a chance of moving in with life?

Thankfully you can't set those rules and I hope you tell the BF how you feel so he can jump ship before it's too late.

I'm struggling to give this whole scenario any credibility.

DavidX90

This may be achievable through a discretionary trust by nominating your brother as the trustee of your assets. You should speak to a solicitor for advice.

Peregrinus

DavidX90 wrote: »

This may be achievable through a discretionary trust by nominating your brother as the trustee of your assets. You should speak to a solicitor for advice.

You'd have the same issue as you would with putting the condition directly into the will. A term of a trust instrument which operates in restraint of marriage is likely to be held void as being contrary to public policy. You'd have the added complication in the Irish context that it's an attempt to defeat the constitutional right to marry.

If your thinking is, leave the house on trust to the brother and give him an absolute discretion to decide who is to be permitted to reside there with a right to terminate the trust at any time and reside there himself, trusting him to turn out the boyfriend should he form another relationship, that's not really a discretionary trust at all. How does it differ from the brother being absolute owner of the house?

the_pen_turner

Would the boyfriend not have a claim on the house after a certain period of time . He would have been looking after it and putting money into it during the relationship.


Either way . Seems a sure fire way to end the relationship if he finds out about the claus .
Or destroy his memories of you after your death.
I dont see how he could take this that isn't going to question the relation ship. I know I would

DavidX90

Peregrinus wrote: »

You'd have the same issue as you would with putting the condition directly into the will. A term of a trust instrument which operates in restraint of marriage is likely to be held void as being contrary to public policy. You'd have the added complication in the Irish context that it's an attempt to defeat the constitutional right to marry.

Rather than referring to marriage, couldn't the trust be worded to the effect that only OP's boyfriend, as the sole beneficiary, has the right to reside in the property (regardless of marital status)?

Peregrinus wrote: »

If your thinking is, leave the house on trust to the brother and give him an absolute discretion to decide who is to be permitted to reside there with a right to terminate the trust at any time and reside there himself, trusting him to turn out the boyfriend should he form another relationship, that's not really a discretionary trust at all. How does it differ from the brother being absolute owner of the house?

That was my thinking but I take your point point. Maybe a fixed trust would be more suitable whereby the sole beneficiary would be OP's boyfriend (regardless of his marital status). Other posters mentioned that if a will is used, this condition might be difficult to control/enforce. The benefit of a trust would be that the trustee would be bound to act as a fiduciary, with the express wishes of the settlor in mind (albeit not legally bound by those wishes).

Just throwing the idea out there. I would imagine this situation has arisen many times in the past? Would be interested to hear the solution.

memorystick

If ever there was an argument for divorce.