[WSBAPT] Conditional gift?

[Jen Doehne]

Hi Adrienne,
Funny - I had a very similar client last year. I believe it's a bad idea. Consider: how would the Personal Representative prove how a beneficiary voted? This information cannot be legally obtained and is against public policy to do so.  Would a signed statement from the individual be enough to "prove" that they have never voted for a Republican? What happens if a beneficiary signs the statement and it is somehow later proven to be false? This would put the PR in a very tough spot.  It also seems to me that this could breed animosity between potential beneficiaries: what if some beneficiaries claim that another beneficiary is a member of the Republican party? Those accusing beneficiaries would share more of the pot, so it makes financial sense to bring this claim even if false because it can't be proven...

Re the college frat/sorority I am a little less concerned because I believe actual records and proof could be obtained...though it might be expensive and exhaustive for the PR.  Though, I would caution your clients to consider that there are educational (read: non social) frat/sororities... frats/sororities that you can only get into if you achieve a certain GPA or are in pursuit of a certain major.  You may need to walk through exactly what kind of frat/sorority your client is interested in prohibiting. Also...what happens if a beneficiary was a member for a small amount of time before quitting...? Are they still ineligible?

Just my thoughts...good luck!

Best wishes,

Jen
Jennifer Doehne, Attorney at Law, LL.M.
BEAN, GENTRY, WHEELER & PETERNELL, PLLC
910 Lakeridge Way SW
Olympia, Washington 98502
Phone: 360.357.2852  |  Fax: 360.786.6943
jdoehne at bgwp.net<mailto:jdoehne at bgwp.net>  | www.bgwp.net<http://www.bgwp.net/>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Adrienne Keith Wills
Sent: Thursday, March 14, 2019 3:40 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Conditional gift?

Hi Listmates:

I have a client who has some strongly-held beliefs and has expressed a preliminary desire to make testamentary gifts to some nieces/nephews if they've turned 25 and if all of the following are also true:  Recipient is not a registered member of the Republican party, has never voted for a Republican candidate, and has never been a member of a college fraternity/sorority.

The conditions aren't to induce illegal behavior but I'm curious to get a read on "rewarding" someone's voting choices.  The condition wouldn't prevent someone from voting, and it would apply to votes that had occurred at the time of the testator's death.

Thanks in advance, Adrienne

--
Adrienne Keith Wills, Attorney/Mediator
Helping family law and estate planning clients create their legacy

1700 Seventh Ave, Suite 2100 | Seattle, WA  98101
Web:  www.AdrienneKeith.com<http://www.adriennekeith.com/> | Tel. (206) 523-3047<tel:%28206%29%20523-3047> | Fax (206) 219-6714


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