[WSBAPT] Conditional gift?

[Eric Nelsen]

I dunno about legality, but my first thought is how would the Trustee even be able to verify whether or not the conditions were met? The fact of voting is not secret, but the vote itself is. Even the "never been a Greek" is pretty difficult to really verify (and do the secret society groups like Skull and Bones at Yale count, or is it just the American Greek system?). An affidavit from the beneficiary doesn't seem too reliable.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

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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