Legal Question in Wills and Trusts in New Jersey

Bequest Guarantees in a Will

Can a valid Will declare a guarantee that a specified bequest will not be changed or removed in any future wills?

For example, can a wife's will state that a bequest of some estate assets to her husbands heirs will not be changed or removed if her husband predeceases her?

The goal is for the husband to allow the wife access to certain estate assets if she survives him, but, for the husband to maintain some control over the final disposition of any remainder of those assets once she dies.

Thanks in advance for any advice.


Asked on 7/27/05, 1:02 pm

2 Answers from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Bequest Guarantees in a Will

It's possible to make a contract where both husband and wife agree to do or to not do certain things. In your example, the husband's 'control' is really illusory as the wife could keep the specific provisions in her Will, but spend the assets during her life or give them away so that the Will has no effect.

A better option would be to have the assets held in trust for the wife's benefit. That way, the husband is assured that at the wife's death, the trust assets will go to his heirs.

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Answered on 7/27/05, 1:29 pm
Robert Davies The Davies Law Firm, P.A.

Re: Bequest Guarantees in a Will

This can be done, if done correctly it will be enforceable. This is not a simple yes-or-no situation. Please call my office for assistance. 973 890 0400. I am sure we can assist you.

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Answered on 7/27/05, 1:58 pm


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