Want to control heirs after you die? Be wary of what your will says

For most people, a will is a way to ensure your loved ones are looked after when you are gone. You can divvy up your assets as you see fit, and make sure family, friends, pets and charities get what you feel they deserve.

But things such as an increase in wealth, second marriages and blended families have led to some people including conditional clauses in their wills in an attempt to control their loved ones from beyond the grave.

WHAT KIND OF CONDITIONAL CLAUSES CROP UP IN WILLS? Generally speaking, you can include whatever conditional clause you like in your will. Most tend to be fairly straightforward and sensible, but others can include requiring an heir to change their name by deed poll, look after a surviving cat, have a clean criminal record or get a job in finance (these are all real examples).

One of the most common caveats involves an age restriction whereby the beneficiary cannot inherit until they reach a certain age, say 25, to prevent irresponsible spending.

However, Alexandra Milton, partner at law firm Moore Barlow, has seen cases where parents don’t want their children to inherit until they reach 60.

Legal experts also see many attempts to try and control relationships via a will – both from partners and parents.

Oliver Asha, head of legal at Make a Will Online, said he’s seen gifts given on the condition the surviving spouse does not remarry or live with a new partner.

“This can often cause pain and suffering,” he said.

Parents have also included stipulations in their will that their children must get a prenuptial agreement before marriage if they are to inherit, while others demand the end of a relationship.

Alexandra Rogers, managing associate at law firm Foot Anstey, says one of her clients wanted to leave her whole estate to her daughter – but only if she divorced her husband. However, had this been in the will, it could have been voided under public policy grounds.

CONDITIONAL CLAUSES MAY BE DISREGARDED IN PRACTICE Conditional clauses in wills can be disregarded for different reasons, such as they encourage someone to commit a crime, demands the separation of a couple, requires a change of religion or includes restrictions on who the beneficiary can marry.

In the case of a client wanting her daughter to divorce her husband before she could inherit, the client was advised to leave her estate on the terms of a discretionary trust. This meant her chosen trustees would be able to “exercise their discretion” as to how her daughter would benefit from the estate, with regards to a separate, non-binding letter of wishes. Similarly, legal experts ents at Britton & Time Solicitors, said: “Someone wanted to leave their estate to their spouse on the condition that they stuff them and keep their body on their favourite chair.”

The so- called “haunted house clause” is where people stipulate that the house must not be sold or altered in any way because they believe it’s haunted, according to Carl Christensen, from freewills.co.uk.