Estate Planning with a Sting: When Wills Punish Criminal Behavior

OJ Simpson Post

The intriguing case of Luigi Mangione highlights the intersection of criminal law and estate planning, particularly the use of conditional bequests in wills. Mary Mangione, Luigi’s grandmother, reportedly left a substantial inheritance to her descendants, with a stipulation that any grandchild who is “charged, indicted, convicted of or pleads guilty to a felony” would forfeit their share. This type of condition, often referred to as a “condition subsequent, is designed to incentivize certain behaviors or discourage others, in this case, criminal activity. Such clauses are legally permissible, provided they do not violate public policy or statutory law, and they are becoming increasingly common in estate planning as a means to exert influence over beneficiaries’ conduct.

The legal enforceability of such conditions can be complex. Courts generally uphold conditions in wills unless they are deemed unreasonable or against public policy. In Mangione’s case, the will’s language is particularly stringent, emphasizing that the trustees’ decision is “conclusive, final and binding,” and that no benefit of the doubt should be afforded to the individual. This suggests a strong intent by Mary Mangione to ensure her wealth is not used to support or reward criminal behavior. However, the practical application of this clause will depend on the trustees’ interpretation and the specific legal proceedings surrounding Mangione’s charges. If Mangione is convicted, the trustees would likely have a strong basis to disinherit him, but if he is merely charged or indicted without a conviction, the situation could become legally contentious.

This case also underscores the broader implications of conditional bequests in estate planning. While they can serve as powerful tools for testators to influence beneficiaries’ actions, they also raise questions about fairness and the potential for legal disputes. Beneficiaries who feel unjustly disinherited may challenge the will, leading to protracted legal battles. As such, individuals considering similar clauses in their wills should consult with legal professionals to ensure that their intentions are clearly articulated and legally sound, minimizing the risk of future litigation. The attorneys at Lord & Lindley have significant experience dealing with trust and estate litigation. If you need assistance maintaining or defending a matter regarding a family will, please give us a call at 704-457-1010 to find out how we may be able to help you.  For more information regarding our firm, attorneys, and practice areas, please visit our website at www.lordlindley.com.

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