[WSBAPT] Drug testing requirement in Will

[Eric Nelsen]

I have discussed it before with clients, and I have a faint memory of dealing with a Will once that had such a provision.

The essence of the problem from estate planning perspective is that the client wants a certain thing - for the daughter to be sober - and thinks that the drug test is a way to ensure that. But if the drug test is simply a condition precedent and there is a fixed date, then the daughter may simply be able to plan to be clean for that date. It also is necessary to specify the test or tests that would be done - "drug test" is so vague as to be useless. What method of testing? Urinalysis, blood test, hair, fingernails? What drugs?

Other questions - how many tests does she have to pass? When should the test take place? Does she get a second or third chance if she fails? Is the consequence truly "all or nothing" and has the client truly contemplated the possibility of the daughter receiving nothing simply on the strength of a single failed drug test? Is this truly helping the daughter to be sober? Or simply punishing her if she is not?

If I remember correctly, I think the last time I discussed this with a client who wanted it, we ended up setting up a trust instead. 

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA 98101-2837
phone 206-625-0092
fax 206-625-9040

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Johnson
Sent: Thursday, January 07, 2016 8:55 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Drug testing requirement in Will

Hello all,

I have a client that would like to include a requirement in his will that his daughter be required to pass a drug test before she can inherit a certain amount of cash.

I've never had the occasion to include this requirement in a will and I'm curious to hear what others think about this sort of provision or have experienced in probate when this requirement comes up.

I appreciate your input.

Thank you,

Jennifer

Jennifer M. Johnson
Hanigan Law Office, PS
360-795-3494

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