Some of the strangest provisions ever placed in a will or trust
As an Idaho estate planning attorney, I've helped countless clients draft wills and trusts that reflect their wishes and values. While most estate plans are straightforward documents focused on distributing assets and caring for loved ones, history is filled with some truly bizarre provisions that make even seasoned attorneys do a double-take.
These unusual cases serve as both entertainment and education — reminding us that while creativity in estate planning can be valuable, it's important to ensure your wishes are legally enforceable and truly serve your family's best interests.
The "Stork Derby" Will
Perhaps one of the most famous unusual wills belongs to Toronto lawyer Charles Vance Miller, who died in 1926. Miller left his entire estate to the Toronto woman who could give birth to the most children in the ten years following his death. The contest became known as the "Stork Derby" as many women competed for the prize. At the end of the 10-year period, four women split the bequest. Each received about $125,000 — almost $14,000 per child, as each had given birth to 9 children. That would be the equivalent of approximately $2,900,000.00 in 2025 U.S. Dollars to each of the four women!
Shakespeare's Puzzling Bequest
Even the world's greatest playwright made estate planning choices that raised eyebrows. William Shakespeare left the bulk of his estate to his daughter, but left only a specific bequest to his wife, Anne Hathaway – "his second best bed". He did not reference his wife anywhere else in the Will, which is unusual according to the practices of the day. While some scholars believe this bed may have been the marital bed with special significance, the provision remains one of history's most puzzling bequests.
The Philosopher's Eternal Display
British philosopher Jeremy Bentham (1748-1832) instructed his friend, who was also a doctor, to preserve his head and skeleton, dress his remains in a suit, seat him in a chair with his cane, and display him in a cabinet or case on the university campus. To this day, Bentham is on display in the Student Centre at the University College London. Bentham is displayed in a wood and glass case, just as he requested, though they eventually replaced his real head with a wax one.
The Mustache Prohibition
Henry Budd, a wealthy Englishman, left his entire fortune to his two surviving sons. The inheritance came with a rather strange condition, however. The will stated that "In case my son Edward shall wear moustaches, then the devise herein before contained in favour of him... shall be void" and the estate would go to his other son William instead. The same mustache prohibition applied to William, creating a facial hair standoff between the brothers.
The Remarriage Requirement
Heinrich Heine was a German lawyer turned poet and essayist who married the wife he called Mathilde. Though they remained together until his death in 1856, their marriage could be described as unstable at best. The condition for his wife to inherit his estate was that she could only receive the assets once she remarried. His logic was to ensure that "at least one man may mourn my death".
Lessons for Idaho Families
While these historical examples provide fascinating glimpses into human nature, they also highlight important considerations for modern estate planning:
Enforceability Matters: Some unusual provisions may not be legally enforceable. Language requiring specific behaviors would likely not be upheld, particularly in states where a spouse has a right to elect against the will for a certain statutory amount.
Consider Your Family's Well-being: The most important goal of any estate plan should be protecting and providing for your loved ones, not creating confusion or hardship.
Professional Guidance is Essential: Working with an experienced estate planning attorney ensures your wishes are clearly expressed and legally sound.
While your will is indeed a personal expression of your values and wishes, the most effective estate plans focus on practical provisions that will genuinely benefit your family. If you're considering unusual provisions in your estate plan, I encourage you to discuss the legal implications and alternatives with a qualified attorney who can help ensure your legacy serves your family's best interests for generations to come.
My law firm is currently offering free telephonic, electronic, or in-person consultations concerning adult guardianships, probates, and creating or reviewing estate planning documents.
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Robert J. Green is a Probate, Elder Law, Trust, Estate, & Guardianship Attorney and the owner of Kootenai Law Group, PLLC in Coeur d’Alene. If you have questions about estate planning, probates, wills, trusts, powers of attorney, guardianships, Medicaid planning, or VA Benefit planning, contact Kootenai Law at 208-765-6555, [email protected], or visit www.KootenaiLaw.com.
This has been presented as general information and not as legal advice. Do not engage in legal decision-making without the advice of a competent attorney after discussion of your specific circumstances.