Estate & Probate Legal Group
By Mario A. Godoy
Updated April 2nd, 2025
Several clauses are commonly included in wills or trusts. It is best to customize a will or trust to your specific situation.
A will or trust is a way to handle your finances now and distribute your assets after you pass away. But sometimes, you want more say in how or when your beneficiaries will acquire and use your assets. For this, you can include certain clauses in your will or trust.
Many types of clauses can be used in a will or trust. Here are 5 that we think are important:
- No-Contest Clause:
This takes away the incentive of beneficiaries challenging the validity of the will. This clause states that any beneficiary who contests the will and loses then forfeits their inheritance. - A mental competency clause:
Also known as a testamentary capacity clause. It addresses the mental state or capacity of the person creating the document. Its purpose is to ensure that the testator or grantor is of sound mind and capable of making rational decisions regarding the distribution of their assets when they write the will or trust. - Distributions to minors clause:
Legally, a minor cannot receive the money from their inheritance. But you can name a trustee, and they will distribute the money to take care of the minor. - Distributions to disabled persons clause:
If you have a beneficiary who is disabled, they may be receiving funding from the government. An inheritance of a large sum of money may disqualify them from this help. Instead, you want to make distributions through a clause or a special needs trust. - Spendthrift Clause:
The trustee can distribute money to the beneficiary instead of the person receiving it all at once.
