ABA Family Legal Guide

Estate Planning

Wills

In my will, can I leave my property to anyone I wish?

In general, you can pick the people you want your property to go to and leave it to them in whatever proportions you want, but there are a few exceptions. For example, a surviving husband or wife may have the right to take a fixed share of the estate regardless of the will. Some states limit how much you can leave to a charity if you have a surviving spouse or children, or if you die soon after making the provision.

Some people try to make their influence felt beyond the grave by attaching bizarre or excessive conditions to a gift made in the will. Most lawyers will advise you not to try this. Courts don't like such conditions, and you're inviting a will contest if you try to tie multiple, unreasonable conditions to a gift. For the most part, though, it's your call.