Incentive & Disincentive Trust Provisions
Written by Richard Keyt & Richard C. Keyt | Arizona Wills & Trusts Attorneys. Richard Keyt (practicing law in Arizona since 1979) and his son, former CPA Richard C. Keyt are Arizona attorneys who have prepared more than 1,000 Arizona estate plans. They have over 433 five-star reviews on Google, Facebook, and Birdeye. The Keyts offer a no-obligation, free initial consultation. Call Rick at 480-664-7478 or Ricky at 480-664-7472 or book a free office, phone, or Zoom video consultation.
An incentive trust rewards your heirs for the choices you value, such as finishing college, working, saving and staying sober, and limits distributions when they make choices you won’t fund. This article gives you optional incentive and disincentive provisions, dozens of other provisions families use, and the Arizona law limits that apply. It also explains why the provisions work only if your heirs’ inheritances stay in lifetime trusts with an independent trustee. To add any of these provisions to your KEYTLaw trust, copy and edit the ones you want and email them to Ricky Keyt (rck@keytlaw.com) at least three business days before your signing appointment.
Optional Trust Agreement Provisions
Most parents want the same thing for their children and grandchildren: an inheritance that helps them build a good life, not one that gives them an excuse to stop building one. A standard revocable living trust divides your estate among your heirs and hands it over. An incentive trust goes further. It tells your trustee to reward the behavior you value (finishing college, working hard, saving, starting a business, caring for family) and to hold back money from a beneficiary who is abusing drugs or alcohol or living in a way you would not support.
Our Arizona estate plans do not include incentive or disincentive provisions unless a client asks for them. When a client does ask, we start from a menu of optional provisions that we can add to the client's trust as written, modify, or leave out. This article walks through that menu, explains how each provision works, describes dozens of other incentive and disincentive provisions families commonly use, and covers the Arizona law limits and practical drafting problems you need to know about before you put conditions on your children's inheritance.
Warren Buffett is often quoted as saying the perfect inheritance is "enough money so that they feel they could do anything, but not so much that they could do nothing." An incentive trust is a legal tool for putting that idea into practice after you are gone.
- What Is an Incentive Trust?
- Start With a Statement of Your Values
- Trustee Discretion: The Engine of Every Incentive Trust
- Incentive Provisions You Can Add to Your Trust
- The "Special Incentives" Task List
- More Incentive Provisions Families Use
- Disincentive Provisions: Drugs, Alcohol, Marriage, Faith & Lifestyle
- More Disincentive Provisions Families Use
- Arizona Law Limits on Incentive Trusts
- Drafting Mistakes to Avoid
- How to Add Incentive Provisions to a KEYTLaw Trust
- Frequently Asked Questions
Consequences of Trust Provisions that Pay All to a Beneficiary Over a Period of Time
Be aware that incentive and disincentive provisions only apply if the trust holds assets for the beneficiary. If the trust provides all assets will be distributed after the death of the trustmaker(s) or at a certain age or over a period of time, such as 1/2 at 25 and the balance at 30, the incentive provisions will not work if all the assets are distributed to or for the beneficiary.
To make sure your incentive and disincentive provisions work over time, your beneficiaries' trusts need to be lifetime beneficiary-controlled asset-protected trusts. For more on this type of trust that protects heirs' inherited assets from their creditors, ex-spouses and bankruptcy, go to How to Protect Your Heirs' Inheritance from Creditors & Ex-spouses. We charge an additional $1,000 to add these asset protected trusts for future beneficiaries to a trust.
One caution: if a beneficiary is the sole trustee of his or her own trust, no one independent decides whether that beneficiary has earned a bonus, passed a drug test or stayed in school. Arizona law also limits a beneficiary-trustee's discretionary distributions to himself or herself to health, education, maintenance and support under A.R.S. §14-10814. For incentive and disincentive provisions to work, the decisions under them must be made by an independent trustee or an independent co-trustee. The beneficiary can still serve as co-trustee and help manage the trust's investments, or become sole trustee after the incentive and disincentive provisions end.
What Is an Incentive Trust?
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An incentive trust is not a separate kind of trust. It is an ordinary trust (usually a revocable living trust that becomes irrevocable when you die, or the lifetime trusts it creates for your children) that contains special instructions telling the trustee when, why and how much to distribute to each beneficiary based on that beneficiary's choices and conduct.
Those instructions come in two flavors:
- Incentive provisions reward conduct you want to encourage. Examples: a cash bonus for graduating from college in five years, matching a beneficiary's earned income, paying for a first car, or lending start-up money for a business.
- Disincentive provisions reduce or stop distributions when a beneficiary engages in conduct you do not want to fund. Examples: no distributions to a beneficiary who is abusing drugs or alcohol, with an exception to pay for treatment.
Start With a Statement of Your Values
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Our optional provisions open with a statement of intent written in the parents' own voice. It explains to children, grandchildren and great-grandchildren who may never have met the parents why the trust exists and what the parents believe in. Here is the text exactly as it appears in our optional provisions:
Section 1.01 Incentive Trust Provisions
By establishing trusts for our beneficiaries, it is our intent to provide them with substantial and valuable benefits in their inheritance. However, we are mindful of the fact that our beneficiaries will live in a particularly litigious society, and that negative circumstances often occur in individuals’ lives that can result in loss of inherited wealth, be it great or small. For this reason we have chosen to create our trust in such a way as to try and maximize the enjoyment our beneficiaries will receive under our trust, while maintaining the greatest degree of protection for our beneficiaries’ inheritance.
It is our intention that this trust, which came at our considerable hard work and sacrifice, be kept for as many future generations and beneficiaries to benefit from as possible until such time that the funds have been exhausted.
We believe that the acquisition of wealth is a measure of one’s success and achievement, and believe wealth must be newly earned by each generation rather than just inherited in a lump sum. To us, nothing outclasses achievement and large inheritances may ruin a child’s life. We agree with Warren Buffett when he says, “The perfect inheritance is enough money so that they feel they could do anything, but not so much that they could do nothing.”
Our provisions are meant to reward our beneficiaries who share our core values of hard work, the desire to learn and grow as a person, and to strive for success. The provisions are also meant to not reward any beneficiaries who are lazy, into illicit drugs or criminal activities, or are just plain ‘losers.’ As we write this we realize it may be read many years from now by beneficiaries whom we may not even have had the pleasure of meeting or knowing. But we want them to know that the reason this trust exists to help them was because of our hard work, sacrifice, ridiculously long hours, lack of sleep, very few vacations, and relentless desire for success, traits that have served us well and we hope we have passed down. We want to reward our future beneficiaries who share these traits, and hope they plan for the future in the same way as we did. For those beneficiaries who are lazy good-for-nothings, sorry but you’re on your own. But we have structured this as a dynasty pot trust, so that if you have a worthwhile kid, they may reap the benefits you missed.
All beneficiaries need to understand that our wishes are for unequal payments based upon the rules we have set up. Bottom line, if you don’t live the hard working, good clean life that we believe in, you will receive less than another beneficiary who does live such a life. If any beneficiary tries to sue the trust, Trustee, or another beneficiary because they feel harmed by the fact that another beneficiary is receiving larger payouts, we direct our Trustee to use trust money either directly or indirectly to fight such a suit, and win or lose any money spent on the legal battle is to be deducted from the future distributions of the beneficiary that pressed the lawsuit. Beneficiaries need to realize this is money WE made, and if they feel they want more of it they should look at making better choices instead of hiring a lawyer.
We want our children, future grandchildren, and all beneficiaries to understand the value of work. We believe that earning your way through life is better than living off an inheritance. We wish we were there to help you ourselves to set out on the path to prosperity, and hope you understand that we cared enough to set this up since we could not. And we hope that it helps you when you need help, and gives you the financial footing you need to conquer your world.
Note: This statement says the trust is structured as a "dynasty pot trust," meaning one shared trust for all descendants. If you want a separate lifetime trust for each beneficiary, as we recommend above, delete or change that sentence.
A values statement does three important jobs:
- It guides the trustee. When a provision gives the trustee discretion, the trustee will read the values statement to understand what you would have wanted.
- It guides a judge. If a beneficiary ever challenges a trustee's decision, the court will look at the trust's stated purposes.
- It speaks to your heirs. A beneficiary who reads why you set up the trust is more likely to accept its rules than one who simply receives a list of conditions.
You can keep this statement as written, soften it or rewrite it entirely. It is your trust and your message. Just keep in mind that harsh language can backfire if a family member later argues in court that the trust was written out of anger rather than reason.
Trustee Discretion: The Engine of Every Incentive Trust
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Every incentive trust has to balance two things: precise rules that are easy to enforce, and trustee discretion that can deal with real life. Our optional provisions use both. This paragraph sets the general rule for the trustee's discretion:
Notwithstanding anything herein to the contrary, whenever our Trustee has the discretion to determine the amount and timing of any distributions under this Article, our Trustee shall have the sole discretion to determine the amount and timing of the distribution and all distributions must be reasonable. The preceding sentence shall not apply to distributions to be made to a beneficiary in a specific amount. Also notwithstanding anything herein to the contrary, if our Trustee has the authority to agree to the amount of a distribution with a beneficiary or another party, our Trustee may or may not agree in our Trustee’s sole discretion and if the parties cannot agree, our Trustee shall not make the distribution.
Even "sole" discretion has limits in Arizona. Under A.R.S. §14-10814, a trustee must exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries, no matter how broad the trust language is. Words like "absolute," "sole" or "uncontrolled" do not let a trustee act arbitrarily or out of personal dislike for a beneficiary. That is a protection for your children, and it is one more reason the values statement matters: it defines the "purposes" the trustee must honor.
Incentive Provisions You Can Add to Your Trust
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Below is the exact text of each incentive provision in our optional menu. An asterisk (*) marks a blank for you to fill in, such as a dollar amount, an age, a school or a place. Dollar amounts are indexed for inflation from a stated base year so they keep their value over time.
(a) Monthly Stipend to age 25
As soon as practicable following the death of the last to die of us, and until the beneficiary attains age 25, our Trustee shall distribute to the beneficiary a monthly stipend in a reasonable amount as agreed upon by the beneficiary and our Trustee. The primary objective of this monthly stipend is to provide our beneficiary with adequate spending money so as to enable the beneficiary to complete high school and undergraduate studies without the necessity of maintaining employment to provide the beneficiary with spending money. It is our expectation that so long as the beneficiary has proven to be responsible with money, our Trustee shall be reasonably generous in rendering the beneficiary’s monthly stipend. If, however, the beneficiary has not yet earned an undergraduate degree, and has not been enrolled in school full-time for longer than six months by choice, then the beneficiary is to no longer receive this stipend until such time as they resume their education full-time. An exception to this is if the beneficiary cannot attend school due to serious physical or mental illness. The beneficiary is encouraged to also work a job while in college, or be a full-time player in NCAA college athletics, as we believe in the value of hard work. We would encourage the Trustee to be even more generous to beneficiaries showing themselves to be hard workers, and less generous to those who believe that school is too tough to also carry a job or play sports, yet seem to have plenty of time to go out with their friends.
(b) Christian Ministry Activities
We wish to encourage our beneficiaries to be actively involved in Christian Ministry Activities. Moreover, we believe that mission experiences are greatest when shared with a spouse or close friend. Therefore, our Trustee is directed to provide for distributions to or as directed by the beneficiary to enable the beneficiary to attend periodic mission trips. If the beneficiary wishes to enable a companion to attend such mission trips with the beneficiary, then our Trustee is expressly authorized to make scholarship money available to the beneficiary’s companion, if needed, and as requested by the beneficiary.
Note: Clients of other faiths can substitute their own religious or service activities, and clients who are not religious can replace this with volunteer or service-trip funding.
(c) Educational Provisions
We believe that increasing one’s knowledge is a vital key to success and happiness. We recognize that not all of our beneficiaries have the same aspirations or abilities, but we want to encourage each to be the best that they can in whatever their chosen course of life. Therefore, we instruct our Trustee to be liberal in advancing funds to those beneficiaries that have a genuine desire to improve their lot in life through education. Our Trustee is empowered to use the Trustee’s best judgment with respect to fund requests for education or training.
(1) Primary and Secondary Education
If the parent or guardian of a beneficiary determines that it is in the best interest of the beneficiary to enroll in a private elementary, junior or senior high school, then our Trustee is authorized – to the extent determined to be reasonable as agreed upon by our Trustee and the guardian of the beneficiary – to make distributions on behalf of the beneficiary for books, tuition and enrollment fees at the private school or schools as agreed upon by our Trustee and the guardian of the beneficiary.
(2) Provisions for First Bachelor’s Degree
Our Trustee shall pay the cost of books, tuition and fees, and room and board at any nationally-accredited public or private college or university a beneficiary chooses to attend, so long as the beneficiary remains enrolled as a full time student and remains in good academic and disciplinary standing, as defined by the educational institution the beneficiary is attending.
If at any time the beneficiary ceases to be enrolled as a full time student or fails to be in good academic or disciplinary standing, distributions to the beneficiary under this provision shall continue for a one-semester “grace period”. During the grace period, our Trustee may require the beneficiary to receive tutoring and/or academic or other counseling as provided or recommended by the educational institution or by one or more of the beneficiary’s professors prior to making any education-related distributions to or for the beneficiary.
If after the one-semester grace period the beneficiary returns to full time enrollment and good academic and disciplinary standing, our Trustee shall resume the education-related distributions under this provision.
If after the one-semester grace period the beneficiary does not return to good academic and disciplinary standing, our Trustee is authorized to suspend education-related distributions to or for the beneficiary; however, our Trustee shall continue to pay the reasonable expenses of any tutoring or counseling as requested by the beneficiary.
In exercising discretion as to the amount and method of any distribution under this provision, our Trustee may either make distributions to the beneficiary, or directly to the educational institution.
Current NCAA rules, plus the demands of playing a sport or otherwise earning a scholarship, make it very tough for a scholarship athlete or student to earn income. We want to provide extra benefits to a beneficiary who is earning part or all of their tuition as a result of receiving a scholarship, whether for sports, music, good grades, or any other reason. If a beneficiary has a scholarship (or grant or any other form of tuition reduction) while enrolled full time in a university for their undergraduate degree, our Trustee should evaluate the amount this is saving the Trust, and be very generous in directing some or all of these funds to that Beneficiary, free of trust. Our Trustee should consider the amount of hours spent in extra studying, athletic training, or any other time requirement the Beneficiary puts into their pursuits that lead to this scholarship and calculate what they would be making as a reasonable wage (for example 2 times minimum wage) if they were working instead. We very much want to encourage our Beneficiaries to work to earn scholarships and grants and provide them with extra benefits from the Trust for doing so. Once calculating this extra benefit, our Trustee should double the amount to direct to a Beneficiary who is attending the *, and cut this benefit in half if a Beneficiary is attending *.
If the beneficiary obtains a bachelor’s degree from a nationally accredited 4-year university within 5 years from the date of first enrollment, we direct that our Trustee distribute $*,000 (indexed to 2026 value) to the beneficiary, free of trust. If the beneficiary graduates with honors, we direct that our Trustee distribute an additional $*,000 (indexed to 2026 value) to the beneficiary, free of trust. If the beneficiary graduates among the top five students in the beneficiary’s graduating class, we direct that our Trustee distribute an additional $*,000 (indexed to 2026 value) to the beneficiary, free of trust.
Except in cases of extreme hardship, nothing in this provision shall be construed to permit the payment of education-related expenses to or for a beneficiary for a period of time longer than that period estimated by the educational institution for the time in which the beneficiary’s selected course of study can be completed by a full-time student. In other words, get your degree in the normal amount of time. Furthermore, nothing in this provision shall be construed in such a way as would encourage any beneficiary to seek multiple bachelor’s degrees.
(3) Provision for First Graduate Degree
If the beneficiary decides to pursue a graduate degree at any nationally accredited college or university, we direct that our Trustee pay the cost of books and tuition and make reasonable rent or mortgage payments for the beneficiary so long as the beneficiary remains enrolled as a full or part time (part time so long as also working a full-time job) student and remains in good academic and disciplinary standing. If the beneficiary ceases to be enrolled as a student and/or fails to be in good academic and/or disciplinary standing, distribution to the beneficiary under this provision shall cease. If the beneficiary returns to full time enrollment and good academic and disciplinary standing within one year, our Trustee is directed to resume the distributions under this provision.
If the beneficiary graduates in the top 15% of the beneficiary’s graduating class, we direct that our Trustee distribute $*,000 (indexed to 2026 value) to the beneficiary, free of trust. If the beneficiary graduates among the top five students in the beneficiary’s graduating class, we direct that our Trustee distribute an additional $*,000 (indexed to 2026 value) to the beneficiary, free of trust.
Notwithstanding any provision herein to the contrary, nothing in this provision shall be construed in such a way as would encourage any beneficiary to seek multiple graduate degrees.
(d) Additional Distributions to Offset Educational Expenses for Children of a Beneficiary
If at any time a beneficiary entitled to receive distributions under this provision has one or more dependent children enrolled in and attending college on a full-time basis, our Trustee may, upon proof of payment issued by the institution, reimburse actual costs and expenses of books, tuition and enrollment fees incurred by the beneficiary on behalf of the beneficiary’s dependent child.
(e) Marriage Gifts
Our Trustee is directed to pay for reasonable and customary expenses associated with the first wedding of a beneficiary. We have stated that this is for a first marriage only, as we believe that this decision should be made with great care and for life. As has been our family custom, we encourage the beneficiary to use modesty and discretion in coordinating the beneficiary’s wedding plans. The amount paid from the trust shall not exceed $*,000 (indexed to 2026 value).
At the first marriage of a beneficiary, we direct that our Trustee distribute to the beneficiary $*,000 adjusted for inflation using 2026 as the base year according to a commonly accepted cost of living index, free of trust. This amount is separate and above the $*,000 in the case that the trust also contributed to the wedding expenses. Again, this is only for a first marriage, our Trustee is specifically directed to not pay any costs associated with a second or further marriage, nor any divorce costs.
(f) Income Matching
For each beneficiary under the age of *25 years old, our Trustee is directed to pay to or apply for the benefit of a beneficiary named under this Article, an amount equal to 50% but not to exceed a maximum yearly payout of $*,000 (indexed to 2026 value), of the wages, salaries and tips earned by the beneficiary as indicated on such beneficiary’s form W-2 and/or schedule C in annual or other convenient installments as agreed upon by the beneficiary and our Trustee. For beneficiaries under the age of 16, our Trustee should give consideration and be generous in attempting to match income earned from things such as mowing lawns, delivering newspapers, a lemonade stand, and the like to encourage these activities.
For each beneficiary *25 years old yet under the age of *35, our Trustee is directed to pay to or apply for the benefit of a beneficiary named under this Article, an amount equal to 50% but not to exceed a maximum yearly payout of $*,000 (indexed to 2026 value), of the wages, salaries and tips earned by the beneficiary as indicated on such beneficiary’s form W-2 and/or schedule C in annual or other convenient installments as agreed upon by the beneficiary and our Trustee.
For each beneficiary aged *35 years and above, our Trustee is directed to pay to or apply for the benefit of a beneficiary named under this Article, an amount equal to 50% but not to exceed a maximum yearly payout of $*,000 (indexed to 2026 value), of the wages, salaries and tips earned by the beneficiary as indicated on such beneficiary’s form W-2 and/or schedule C in annual or other convenient installments as agreed upon by the beneficiary and our Trustee.
If a beneficiary has children of a marriage and decides that it is in the best interests of such beneficiary’s family that either the beneficiary or such beneficiary’s spouse stays home to care for such beneficiary’s children and not work outside the home, our Trustee is specifically authorized to pay to or apply for the benefit of the beneficiary, an amount based upon the same schedules in this section for earnings by the beneficiary or such beneficiary’s spouse (whichever is greater) as evidenced by the working spouse’s form W-2 and/or schedule C in annual or other convenient installments as agreed upon by the beneficiary and our Trustee.
Our Trustee can and should require each beneficiary to submit copies of signed and filed tax returns in order to receive an income matching benefit. When considering income, only earned income is to be considered, not interest income or returns on passive investments. Our Trustee is also to disregard and not pay benefit on any income earned through criminal behavior, illicit drug sales, pornography, or any other activity not consistent with a good, clean lifestyle.
(g) Vehicle Provisions
When a beneficiary attains the age of sixteen and earns a valid driver’s license, we direct that our Trustee purchase a late model used vehicle for the beneficiary’s use and enjoyment. When selecting a model, our Trustee should be particularly mindful to make safety and economy of primary importance, not high-speed or style. The vehicle shall be titled in the name of the beneficiary and shall not be trust property.
Only one vehicle per beneficiary may be purchased. The vehicle must be at least * years old and must cost less than 50% of its original sticker price. The trust is not to spend more than $*,000 (indexed to 2026 value) on this car, but if the beneficiary would like to contribute their own money on top of this to buy a more expensive car they can, so long as it still meets the criteria for age and 50% original value.
We direct that our Trustee be responsive to the beneficiary’s needs and desires concerning provision for an automobile and if the beneficiary is a full-time student in high school or college, then also for necessary insurance, maintenance and repairs as needed and as requested by the beneficiary from time to time. If the beneficiary is a current “A” student, then our Trustee should also supply the beneficiary with a reasonable amount of extra gas money.
(h) Talent Development
We believe very strongly that all children should play music and sports. The mental development that comes from playing a musical instrument and the physical benefits that come from organized sports are of utmost importance to us. Our Trustee is to make distributions up to $*,000 (indexed to 2026 value) annually to a beneficiary enrolled in school and under the age of *23 to cover any costs associated with training in athletics or music. This includes but is not limited to camps, equipment, clothing, shoes, lessons, the purchase of musical instruments, the purchase of sporting equipment, travel expenses, and anything else that promotes talent development.
(i) Business Opportunities
We believe very strongly in capitalism and entrepreneurship. In the event a beneficiary wishes to start a business, either alone or in conjunction with one or more partners, our Trustee is authorized to distribute to or as directed by a beneficiary reasonable amounts necessary to assist the beneficiary with startup and initial operating expenses up to $*,000 (indexed to 2026 value) in the form of a loan to the business at prime interest rate. The money is to be repaid with prime interest to the trust over a 10-year term. Any missed payments or unpaid amounts are to be deducted from future disbursements to that beneficiary until such time as the amount withheld equals the amount of the loan lost. Bottom line is, we want to encourage beneficiaries to be entrepreneurial, but they need to make sure their business plan is solid, work tirelessly to see it be successful, and pay back the money whether they are successful or not. Our Trustee may require the beneficiary to prepare and present a formal business plan and may require the beneficiary to obtain a written opinion of a Certified Public Accountant or other licensed business advisor (as selected by agreement among the beneficiary and our Trustee) certifying that the beneficiary’s proposed enterprise is economically advisable prior to making such distributions to the beneficiary. A beneficiary may not receive more than one loan at a time, but if the beneficiary has taken a previous loan and the trust has recovered all of the funds from that loan, another loan may be made to the same beneficiary, but no further loan may be made until all funds from the prior loan have been recovered.
Note: Structuring this benefit as a loan rather than a gift gives the beneficiary real skin in the game, and the trust's money comes back to benefit other family members if the business fails.
(j) Long Term Saving
In order to encourage our beneficiary to consciously set aside money periodically for the purpose of providing for the beneficiary’s own financial security and for the financial security of those dependent upon the beneficiary, our Trustee is specifically authorized to match up to 50% of the beneficiary’s voluntary contributions to any retirement account (e.g., a SEP-IRA) up to a maximum matching of $*,000 per year (indexed to 2026 value). In determining whether to make such matching contribution, our Trustee shall consider the probability of such beneficiary’s withdrawal of such contributed amount, the regularity with which such beneficiary tends to contribute to long-term savings and such other factors as our Trustee deems reasonable or appropriate.
(k) Health Insurance
It is our wish that all of our beneficiaries are covered by adequate medical insurance. We hope that they do not rely on this trust to pay for it when they have other options, for example through their place of employment. However, in the case that a beneficiary or their dependent children are not covered by medical insurance, our Trustee should direct payment to and arrange if necessary some sort of adequate medical insurance. Should any beneficiary or their dependents need braces or other dental work we also would like the Trustee to use trust funds to pay for such.
(l) Stay at Home Parent
We understand that in today’s world our beneficiaries are free to choose their path to success through work and agree with that, but we also want to encourage our beneficiaries to put their careers on hold to be a stay at home parent. We believe it is a healthy choice for our beneficiaries to make as well. We direct our Trustee to make monthly payments of $*,000 (indexed to 2026 value) to any beneficiary, married or unmarried, who chooses to raise the beneficiary’s children full-time in lieu of working. Please be generous in helping these beneficiaries with unforeseen necessary expenses as well, such as car repairs, insurance payments, and such.
(m) Visiting and Caring for Aging Parents
Our Trustee is directed to make distributions to a beneficiary who visits or provides care for an aging parent, grandparent, or ailing sibling. This can include travel and other expenses. While this should be a modest and reasonable amount, leeway is given to the Trustee in this regard as we believe in honoring parents and respecting the elderly.
The "Special Incentives" Task List
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The most personal provision in our menu is a list of tasks the parents wish they could guide their heirs through in person. You can keep any of these tasks, replace them with your own, and fill in the blanks. Here is the exact text:
(n) Special Incentives
We wish we were there to tutor you ourselves, but since you are reading this, unfortunately we are not. The best we can do is recommend that you accomplish a few tasks that we believe will be valuable in guiding you, and direct our Trustee to reward each beneficiary past the age of 30 with $1,000 (indexed to 2026 value) plus the expenses incurred for each item from this list that a beneficiary satisfactorily demonstrates to the Trustee that the beneficiary has completed, except for the last item (number 29) which provides for an additional $20,000 (indexed to 2026 value) should the beneficiary complete all of the previous 28 tasks. Given that, it is possible for each beneficiary to receive up to $48,000 (indexed to 2026 value) plus expenses if they were to complete them all, and we hope that all beneficiaries do. We chose to have you (our beneficiary) do these after age 30 as we believe it is in this stage in your life that they will mean more to you, but this does not preclude you from doing them much younger, and then again after you turn 30 when you will be rewarded. Our Trustee shall be the sole judge of whether a beneficiary adequately completes a task. You are not required to finish them in order, but we feel you should try to.
- (1) Read “The Alchemist” by Paulo Coelho.
- (2) Begin keeping a written and/or photo journal of your adventures in life and contribute to it regularly and with substantive content for at least two years.
- (3) Have a dermatologist certify to the Trustee that you are tattoo free.
- (4) Have a doctor certify to the Trustee that you are drug free.
- (5) Read “The 7 Habits of Highly Effective People” by Stephen R. Covey.
- (6) Attend a Dale Carnegie multi-day seminar or course.
- (7) Read “Rich Dad Poor Dad” by Robert Kiyosaki.
- (8) Show the Trustee a current and blemish free credit report of yours from a major credit bureau.
- (9) Make the maximum allowable contribution to a retirement account in any given year.
- (10) Read “Reminiscences of a Stock Operator” by Edwin Lefevre (really Jesse Livermore).
- (11) Buy and sell 100 shares of any stock in less than five minutes, but profitably after commissions.
- (12) Read “The Science of Getting Rich” by Wallace Wattles.
- (13) Buy either a house or a commercial property, and rent or lease it out for a minimum of a 1-year term for a monthly rent of at least 1% of the purchase price. So for example, if the purchase price of the property was $100,000, your tenant should be paying you a minimum of $1,000 per month. This task is to teach you the value of adhering to the “1% rule” which we believe fervently in and has served us very well.
- (14) Obtain an internet domain name, build a multi-page website, establish an email address for that domain, and place Google AdSense ads or another company’s revenue generating ads on part of the main page.
- (15) Attend a * Church Service.
- (16) Learn to speak at least level 1 of the * Language, for example passing a * final exam or equivalent and be able to converse in the language.
- (17) Read “The Count of Monte Cristo” by Alexandre Dumas.
- (18) Climb to the top of Camelback Mountain in Phoenix, Arizona, and have someone take your picture.
- (19) Find someone that you do not know but who is in desperate need of help, and help them. Something very cool, and not particularly easy to accomplish. We believe in always using your good fortune and skills to help those around you, this should be a constant theme in your life.
- (20) Attend a professional *.
- (21) Spend at least 20 cumulative hours receiving private lessons in how to play a musical instrument such as a piano.
- (22) Watch these movies: Citizen Kane (1941); The Godfather (1972); Gone with the Wind (1939); Lawrence of Arabia (1962); The Wizard of Oz (1939); The Graduate (1967); Schindler’s List (1993); It’s a Wonderful Life (1946); The Bridge on the River Kwai (1957); Star Wars (1977); Chinatown (1974); The Grapes of Wrath (1940); 2001: A Space Odyssey (1968); E.T. the Extra-Terrestrial (1982); Dr. Strangelove (1964); Apocalypse Now (1979); Mr. Smith Goes to Washington (1939); The Treasure of the Sierra Madre (1948); The Godfather Part II (1974); High Noon (1952); To Kill a Mockingbird (1962); Doctor Zhivago (1965); Taxi Driver (1976); Raiders of the Lost Ark (1981); Stagecoach (1939); Close Encounters of the Third Kind (1977); The Manchurian Candidate (1962); Shane (1953); The French Connection (1971); Forrest Gump (1994); Ben-Hur (1959); Fargo (1996); Mutiny on the Bounty (1935); Goodfellas (1990); Pulp Fiction (1994); The Searchers (1956); Unforgiven (1992); Saving Private Ryan (1998); The Lord of the Rings: The Fellowship of the Ring (2001); The Notebook (2004); The Natural (1984); Life Is Beautiful (1997); The Shawshank Redemption (1994); Braveheart (1995); Gladiator (2000).
- (23) Adopt an animal from a shelter or the pound and give it a great home with you.
- (24) Read “Tuesdays with Morrie” by Mitch Albom, and then watch the “Tuesdays with Morrie” movie.
- (25) Visit the graves (and show a photograph of you next to them to Trustee) of *.
- (26) Incorporate the name of a past relative into the name of at least one of your kids.
- (27) Visit *
- (28) Read the books “Man’s Search for Meaning” by Viktor E. Frankl and “Life After Life” by Raymond A. Moody.
- (29) If and when you accomplish all of the previous 28 tasks, our Trustee is directed to make an additional $20,000 (indexed to 2026 value) distribution to you, free of trust. The last thing we ask is that you spend a day discovering, studying, and reflecting on your heritage, learn about your past relatives and what we stood for, and how much we love you and wish we were there. We do believe that there is life after death, and that we will someday get the chance to meet.
A task list like this costs the trust relatively little and often becomes the part of the trust that grandchildren remember most. The key drafting rule is that every task must be something the trustee can verify with a receipt, photo, certificate, transcript or written statement.
More Incentive Provisions Families Use
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The provisions above come from our optional menu. Many families add others. Here are additional incentive provisions people commonly put in their trusts. We can draft any of them for your trust and set the dollar amounts, ages and conditions you choose.
Career and Education
- Trade school and apprenticeships. Pays for electrician, plumbing, welding, cosmetology, aviation maintenance and similar programs on the same terms as a bachelor's degree, so a beneficiary who isn't college-bound isn't penalized.
- Professional license bonus. Pays a lump sum for passing the bar exam, CPA exam, nursing boards or medical boards, or for getting a real estate, contractor or pilot license.
- High school GPA bonus. Pays a set amount per semester for a GPA above a target, or for making the honor roll.
- Study abroad. Pays for one semester or summer of study in another country.
- Eagle Scout or Girl Scout Gold Award bonus. Pays a bonus for earning scouting's highest award.
- Military service bonus. Pays for an honorable discharge, a service academy appointment or completing an enlistment. It can also match military pay while the beneficiary is deployed.
Low-Paid Careers
- Income equalization. Supplements the income of a beneficiary in a valuable but low-paid career, such as a teacher, pastor, missionary, nonprofit worker, police officer, firefighter or social worker, up to a target income. This fixes the main weakness of income matching, which rewards high earners the most.
Financial Responsibility
- Financial literacy course. Requires a personal finance course, such as Dave Ramsey's Financial Peace University, before the first discretionary distribution, and pays a bonus for finishing it.
- Budget presentation. The beneficiary submits an annual written budget to the trustee as a condition of discretionary distributions.
- Debt-free bonus. Pays a bonus when a beneficiary pays off student loans or consumer debt, or matches extra payments on that debt.
- Credit score bonus. Pays a bonus for keeping a credit score above a set threshold.
- First-home down payment match. Matches the beneficiary's own savings toward a first home, often structured as a loan or as a co-ownership interest held by the trust.
- Practice portfolio. Sets aside a modest sum for the beneficiary to invest, often between ages 18 and 25. If the beneficiary manages it responsibly, the trustee gives the beneficiary more control over time.
- Steady employment bonus. Pays a bonus for staying with one employer for three or five years.
Family
- Birth or adoption bonus. Pays a lump sum when a beneficiary has or adopts a child. Some trusts also cover fertility treatment or adoption costs.
- Child care. Pays child care so both parents can work, or matches the beneficiary's child care costs.
- Family reunions. Pays travel for every beneficiary to attend a family reunion every year or two. This is popular with dynasty trusts because it keeps cousins connected.
- Annual family meeting. Pays for an annual meeting where the trustee, an investment advisor and the beneficiaries review the trust. Some trusts make attendance a condition of discretionary distributions.
- Family business. Pays a bonus for working in the family business, often only after the beneficiary has first worked somewhere else for two to five years.
Charity and Service
- Charitable gift match. Matches a beneficiary's charitable gifts up to an annual cap, or funds a donor-advised fund that each beneficiary advises.
- Volunteer hours. Pays a set amount per documented volunteer hour.
- Family foundation service. Pays a stipend to beneficiaries who serve on the board of a family foundation.
Health
- Smoke-free and vape-free bonus. Pays an annual bonus with a doctor's certification, or a one-time bonus for quitting.
- Sobriety anniversary bonus. Pays a bonus at one, three and five years of documented sobriety for a beneficiary in recovery. This rewards the recovery instead of only punishing the relapse.
- Counseling and therapy. Pays for mental health counseling and marriage counseling without any judgment about whether the beneficiary "deserves" it.
Gradual Control
- Co-trustee at 30, sole trustee at 35. The beneficiary becomes a co-trustee of his or her own share at a set age. If the beneficiary meets stated milestones, he or she later becomes sole trustee. This pairs naturally with our beneficiary-controlled lifetime asset-protected irrevocable trust for heirs.
Disincentive Provisions: Drugs, Alcohol, Marriage, Faith & Lifestyle
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Disincentive provisions tell the trustee when to reduce or stop distributions. Our menu offers two different approaches to substance abuse, plus provisions about marriage, faith and future harmful behaviors. Here is the exact text of each.
Section 1.02 Disincentive Trust Provisions
(a) Provisions that Limit Distributions
The provisions contained in this Section are intended to reduce or eliminate distributions in certain circumstances. Our Trustee is directed to reduce or eliminate distributions to a beneficiary from the beneficiary’s trust in accordance with this section. In exercising discretion to reduce or eliminate a distribution to any beneficiary under our trust, and in determining the appropriate timing of distributions, our Trustee is directed to follow the guidelines and instructions that follow in our Trustee's sole discretion.
Note: Provisions (1) and (2) below are two different approaches to alcohol and drug abuse. Choose one of these two provisions, not both.
(1) Alcohol, Drug Abuse and Sobriety
Our beneficiaries should know that we do not approve of drug and alcohol abuse and are aware of the heartache that we and other family members have endured because of such abuse. We have chosen not to be enabling in our lifetime and do not want to be enabling after our death.
We believe one is an abuser when drinking or drug use causes, or has caused problems relating to family life, relationships, marriage, employment or the ability to manage money.
We have given this subject much thought, and want our family to know that we will not support such behavior. We would prefer our money to pass on to future generations rather than be wasted by an abuser.
Therefore, we instruct our Trustee to demand that a history and pattern of sobriety be exhibited by anyone entitled to a distribution under this trust. Distributions shall not be made to anyone not living a clean, sober, drug free life. Our Trustee may take whatever steps necessary to make this determination, including but not restricted to the appropriate tests presently used for such determination. We want our Trustee to understand that the simple passage of such a test is not grounds to make distributions, but our Trustee should search for convincing evidence that an abuser has altered his or her lifestyle, and has demonstrated a history and pattern of freedom from alcohol and substance abuse.
The Trustee shall tell an abuser what is expected of them to qualify for a distribution under this trust, and shall withhold funds until such time in the future as the Trustee is convinced that the lifestyle has been changed.
While the Trustee shall not make discretionary distributions to abusers, the Trustee may make distributions to enroll a beneficiary in a legitimate treatment program, provide lifesaving medical treatment, or assist those that have been affected by the alcohol and/or substance abuse of one of our beneficiaries.
An heir that has not had a history of addictive problems should not construe this provision to prohibit an occasional social drink. However, it clearly does prohibit any form of drinking or recreational substance abuse by any beneficiary that has previously had or received treatment for alcohol or substance abuse. Further, it prohibits recreational drug use by any beneficiary.
Notwithstanding anything herein to the contrary, our Trustee shall not take any action that would be a violation of public policy in the Trustee’s sole discretion.
(2) Drug and Alcohol Free Requirement
No beneficiary of this trust who has attained age 18 may receive any distribution from the trust until the beneficiary is drug and alcohol free as defined below. Only if this condition is met can any distributions be made from a trust, except for emergency medical treatment and then the distribution is to be made on behalf of the beneficiary, paid directly to the service provider, and such service provider has to be a fully licensed medical facility or doctor.
The following procedure is to be used to determine that a beneficiary of this trust is sober and drug free. A beneficiary shall have the right to be tested up to four times during the calendar year, however, never more often than once a quarter. The testing date for each quarter shall be randomly determined by the Trustee. A beneficiary must complete the test within 48 hours of notice or be considered not sober and not free from drugs and other substances.
- a. Each test shall be administered at a testing facility of Trustee’s choice. Said facility shall be a certified drug and alcohol testing facility.
- b. Test results will be reported to Trustee directly by the testing facility.
- c. Trustee may request a hair follicle test to determine long term use of drugs.
- d. Trustee and testing facility will determine an appropriate Alcohol test. Said test must be an industry standard test.
- e. The Trustee shall pay from the beneficiary’s trust, the costs of any testing, including the cost of travel to and from the testing facility, if any, that may be incurred by the beneficiary in compliance with the testing requirements of this trust.
- f. A sober and free from drugs and other substances period, for trust distribution purposes, is defined as a period of twelve calendar months starting from the last day of the month in which testing was performed. A sober and free from drugs and other substances test is required to establish the start of sober and free from drugs and other substances period.
- g. The first sober and free from drugs and other substances period shall be established upon the completion of the first sober and free from drugs and other substances test. Subsequent sober and free from drugs and other substances periods will commence at the end of the current sober and free from drugs and other substances period and upon the occurrence of either 1) a single sober and free from drugs and other substances test during the 11th or 12th month of a sober and free from drugs and other substances period, or 2) after a not sober and free from drugs and other substances test, two consecutive sober and free from drugs and other substances tests taken more than ninety days apart.
- h. Trustee is free to distribute funds, in accordance with the instructions of this trust, during any period the beneficiary is sober and free from drugs and other substances as defined herein. During any time frame that the beneficiary fails to test sober and free from drugs and other substances, Trustee is not authorized to distribute funds to the beneficiary for any purpose except for a rehabilitation program as defined in the following paragraph.
The Trustee is authorized to pay for a one-time drug and alcohol rehabilitation program should a beneficiary request treatment. Trustee, at Trustee’s sole discretion, may pay for up to two more rehabilitation programs. Failure to complete a program, once started, shall be treated as if the beneficiary is not sober and free from drugs and other substances. Completion of the program requires proof of attendance and proof of completion, such proof is to be provided to the Trustee directly by the program administrator.
The testing approach is easier for a trustee to enforce and harder for a beneficiary to argue with. The trade-off is that it subjects every beneficiary, including those who have never had a problem, to testing. Some clients apply testing only when the trustee has a reasonable basis to suspect abuse.
(b) Marriage
We believe in the sanctity and permanence of marriage. Marriage should be entered thoughtfully, slowly and deliberately, and with a commitment to make it work. A successful marriage takes much hard work and faces many trials along the way. For the benefit of the participants and children, we believe that every effort should be made to save a marriage including but not restricted to spiritual and conventional counseling.
We instruct our Trustee to be more liberal in distributions to beneficiaries that are making efforts to strengthen their marriage and to be more restrictive to those that have troubled marriages or who are divorced.
For the purpose of judging the appropriateness of distributions, our Trustee has every right to inquire and form an opinion on the soundness, logic and rationale of a second marriage. Our Trustee may require prenuptial agreements as allowed under Arizona law.
(c) Faith/Religion
We believe that a strong faith in God has been beneficial in all aspects of our lives. Further, we believe that faith in God does not grow in a vacuum, and must be nurtured by participation in organized church activities. Hence, we hope that all of our beneficiaries will be active participants in the services and ministries of their Christian Church. We further hope and expect that our beneficiaries will raise their children in the same manner.
Therefore, we authorize our Trustee to be more liberal in distributions to beneficiaries that have exhibited a history and pattern of Church participation for themselves and their children, and to be more restrictive to beneficiaries that demonstrated the opposite pattern.
Note: As with the ministry incentive, clients of other faiths can substitute their own. The same applies to the reference to a "productive, Christian lifestyle" in provision (d) below.
(d) Future Behaviors Detrimental to a Productive, Christian Lifestyle
We recognize that as times change, so do fads, habits, addictions and obsessive behaviors. We therefore urge diligence on the part of our Trustee to be aware of the lifestyle and behaviors of our beneficiaries. If a beneficiary is participating in activities or behaviors detrimental to a productive, Christian lifestyle, such as crime or other, the Trustee may take the same actions as outlined in other value issues such as drug and alcohol abuse.
More Disincentive Provisions Families Use
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Here are additional disincentive provisions people commonly put in their trusts. Most of them are written as instructions to the trustee rather than automatic forfeitures, which makes them easier to enforce and harder to attack in court.
Asset Protection (the Most Common Category)
- Pause during divorce. The trustee suspends distributions while a beneficiary's divorce is pending, so the money can't be swept into the divorce.
- Pause during lawsuits, creditor claims or bankruptcy. The trustee stops cash distributions and pays only the beneficiary's direct expenses, such as housing and medical bills, until the threat passes.
- Prenuptial agreement requirement. The beneficiary loses wedding gifts or discretionary distributions unless he or she signs a prenuptial agreement before marrying. The usual purpose is to protect the inheritance as separate property, not to judge the spouse.
Conduct
- Felony conviction. Distributions are suspended for a set period after a felony conviction. During incarceration, the trust pays only for the support of the beneficiary's dependents.
- Domestic violence or child abuse. Distributions stop. The trustee may support the victims instead, such as the beneficiary's spouse or children.
- Elder abuse. A beneficiary who financially exploited or abused the trust's creators is cut out. This is broader than Arizona's slayer statute, A.R.S. §14-2803, which applies only to a person who feloniously and intentionally kills.
- DUI. A DUI conviction ends the vehicle benefit and suspends discretionary distributions for a period of time.
- Gambling addiction. Gambling addiction is treated the same as substance abuse: the trust pays for treatment and the trustee withholds cash.
- Unpaid child support or unfiled tax returns. The trustee pays the support directly to or for the children, or pays the IRS, instead of giving the beneficiary cash.
Failure to Launch
- Able-bodied but not working. After a set age, such as 25 or 30, a beneficiary who can work but doesn't receives only basic health and support payments, made directly to providers. Disability, caregiving and full-time parenting are usually exceptions.
- Spending control. If a beneficiary shows poor money management, the trustee pays rent, utilities, tuition and insurance directly to the providers instead of giving the beneficiary cash.
Outside Influence
- Undue influence by a third party. If the trustee believes a spouse, partner, cult or other person is controlling the beneficiary's money, the trustee may pay only vendors directly and may withhold distributions the third party would benefit from.
Arizona Law Limits on Incentive Trusts
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Arizona gives people wide freedom to decide who inherits their property and on what terms. That freedom is not unlimited. Here are the rules that matter most when you add incentive and disincentive provisions.
Trust Purposes Must Be Lawful and Not Against Public Policy
Under A.R.S. §14-10404, a trust may be created only to the extent its purposes are lawful, not contrary to public policy and possible to achieve, and the trust and its terms must be for the benefit of its beneficiaries. A condition that requires a beneficiary to commit a crime, or that is impossible to satisfy, will not be enforced.
Conditions About Marriage and Religion
Courts around the country have long refused to enforce conditions designed to break up a marriage (for example, a gift to a child only if the child divorces) or that impose a total ban on marrying at all. Conditions that encourage a stable marriage, reward a first marriage, or favor a particular faith are treated more favorably. Well-known cases from other states, such as Shapira v. Union National Bank (Ohio 1974) and In re Estate of Feinberg (Illinois 2009), upheld conditions tied to marrying within the family's religion. Arizona courts have not squarely decided every variation, so we draft these provisions as guidance to a trustee's discretion rather than as all-or-nothing forfeitures, which makes them far more defensible.
Gender-Specific Provisions
Some parents want provisions that treat daughters and sons differently, such as paying wedding expenses only for daughters or paying stay-at-home benefits only to mothers. Because a private trust is not the government, the constitutional rules that forbid sex discrimination by states generally do not apply to how you choose to leave your own money. But a provision that pays a daughter thousands of dollars a month to stay home while her brother in the same situation gets nothing is an invitation to family resentment and litigation, and family structures 30 or 50 years from now may look nothing like today's. That is why the wedding expense and stay-at-home payment provisions in our optional menu apply to any beneficiary, son or daughter. If you prefer a gender-specific version, we will draft it the way you want.
Penalty (No-Contest) Clauses
Our optional provisions tell the trustee to use trust money to defend any lawsuit by a beneficiary who claims unequal distributions are unfair, and to charge the legal fees, win or lose, against that beneficiary's future distributions. Arizona allows penalty clauses in trusts, but A.R.S. §14-10113 makes a trust provision that penalizes an interested person for contesting the trust or bringing other proceedings about trust property unenforceable if probable cause existed for the contest or proceeding. The same rule applies to wills under A.R.S. §14-2517. The Arizona Supreme Court applied the probable cause standard in In re Estate of Shumway, 198 Ariz. 323 (2000). A fee-charging clause will deter weak lawsuits, but it will not stop a beneficiary with a legitimate claim, such as a trustee who is ignoring the trust or acting in bad faith.
How Long Can an Incentive Trust Last?
Our optional values statement calls for a "dynasty pot trust" that lasts as many generations as possible. Arizona's statutory rule against perpetuities, A.R.S. §14-2901, allows trust interests to vest as late as 500 years after creation and contains a provision for perpetual trusts in certain circumstances. However, in Attorney General Opinion I18-006 (2018), the Arizona Attorney General concluded that the 500-year period and the perpetual trust provision are likely unconstitutional under the Arizona Constitution's ban on perpetuities. No court has ruled on the question. If you want a multi-generation trust, we draft it with a fallback termination date so the trust survives even if a court later agrees with the Attorney General.
Long-term trusts also raise federal generation-skipping transfer tax issues. For 2026 the federal estate, gift and generation-skipping transfer tax exemption is $15 million per person, and you must allocate generation-skipping exemption under IRC §2631 to keep a multi-generation trust free of that tax. Arizona has no estate or inheritance tax.
Spendthrift Protection
Incentive provisions pair naturally with a spendthrift clause under A.R.S. §14-10502, which prevents a beneficiary from selling or pledging his or her interest and prevents most creditors from reaching it before it is distributed. That protection is one of the main benefits of keeping an inheritance in trust instead of distributing it outright.
Income Tax on Incentive Distributions
After you die, your trust becomes a separate taxpayer. Distributions to beneficiaries generally carry out the trust's distributable net income, which shifts the income tax on that income from the trust to the beneficiary under IRC §661 and IRC §662. Because trusts reach the top federal income tax bracket at a very low level of income, incentive distributions to beneficiaries in lower brackets can actually reduce the family's total income tax. Your trustee should coordinate large incentive payments with the trust's tax preparer.
Drafting Mistakes to Avoid
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- Rewarding only one kind of success. An income-matching provision that rewards high earners can punish a child who becomes a teacher, a pastor, a soldier or a full-time caregiver. Add flexibility so the trustee can recognize valuable work that does not pay well.
- Forgetting beneficiaries with disabilities. A beneficiary who has a serious disability may never be able to graduate, work full time or pass a test of independence. Give the trustee authority to treat that beneficiary fairly, and if the beneficiary receives or may need SSI or AHCCCS (Arizona Medicaid), hold that beneficiary's share in a supplemental needs trust so trust distributions do not cost him or her public benefits.
- Fixed dollar amounts that inflation will destroy. A $5,000 graduation bonus written in 2026 may be pocket change by 2056. Index every dollar amount to a stated base year using a commonly accepted cost-of-living index.
- Conditions the trustee cannot verify. "Lives a productive life" means different things to different people. Tie each incentive to a document the trustee can check: a transcript, a W-2, a tax return, a certificate, a test result.
- Choosing the wrong trustee. A sibling who must decide whether another sibling is "sober enough" or "working hard enough" is in an impossible position. Incentive trusts are often best administered by a professional or corporate trustee, sometimes with a family member serving as an advisor.
- Making the trust a punishment. If every paragraph is a penalty, beneficiaries will see the trust as an enemy. The best incentive trusts reward far more than they restrict.
- Ignoring the cost of administration. Drug testing, verifying tax returns and reviewing business plans take trustee time, and trustee time costs money. Make sure the trust is large enough to justify the administration it requires.
How to Add Incentive Provisions to a KEYTLaw Trust
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Incentive and disincentive provisions are optional. If you do nothing, none of them will be in your trust. If you want any of them, here is our process:
- Copy the provisions you want to input into your trust. Paste your text into an email or word processor and edit the text so it says exactly what you want it to say. Many of the above provisions are general statements and need to be modified for your particular goals and objectives.
- Fill in the blanks (dollar amounts, ages, your schools, your church, your family members, the places you want your heirs to visit).
- Add any provisions of your own, including any of the additional provisions described in this article.
- When you have the text exactly the way you want inserted into your trust, email the text to Ricky Keyt at rck@keytlaw.com at least three business days before your signing appointment.
We then incorporate your provisions into your trust, review them for consistency with the rest of your estate plan and Arizona law, and let you know if any provision should be clarified or reworked.
If you want your heirs' inheritances to stay in trust for their lifetimes so the incentive provisions keep working, ask about adding a beneficiary-controlled lifetime asset-protected irrevocable trust for your heirs to your estate plan. See all 36 documents and services included when we prepare a custom estate plan with a revocable living trust.
Frequently Asked Questions
What is an incentive trust?
An incentive trust is a trust that tells the trustee to make distributions based on the beneficiary's conduct, rewarding behavior the creator values (education, work, saving, entrepreneurship) and limiting distributions for behavior the creator does not want to fund (substance abuse, crime).
Are incentive trusts legal in Arizona?
Yes. Arizona lets you set the terms on which your heirs receive your property, as long as the trust's purposes are lawful, not contrary to public policy and possible to achieve, and the trust is for the benefit of its beneficiaries under A.R.S. §14-10404.
Can I add incentive provisions to my existing revocable living trust?
Yes. While you are alive and competent you can amend or restate your revocable living trust to add incentive and disincentive provisions. Married couples with a joint trust generally both sign the amendment.
What is the difference between an incentive provision and a disincentive provision?
An incentive provision gives a beneficiary something extra for doing something you value, such as a bonus for graduating from college. A disincentive provision takes something away, such as stopping distributions to a beneficiary who is abusing drugs.
Can my trust require my children to pass drug tests?
Yes. Our optional testing provision applies to beneficiaries age 18 and older. It lets the trustee require random tests up to four times a year at a certified facility, with a hair follicle test available, and conditions distributions on passing. The trust pays for the testing and can pay for rehabilitation programs.
Can my trust reward a child for getting married or staying married?
Generally yes. Provisions that reward a first marriage or encourage a stable marriage are usually enforceable. Provisions designed to break up a marriage or that forbid marriage entirely are not. We draft marriage provisions as guidance to the trustee's discretion to keep them defensible.
Can my trust favor beneficiaries who attend church?
Courts have generally upheld religious conditions in private trusts. Our faith provision tells the trustee it may be more generous to beneficiaries with a history of church participation, rather than cutting off a beneficiary entirely.
Can I treat my sons and daughters differently?
You can, because it is your property, but we usually recommend gender-neutral provisions. Treating children differently based on sex often causes family conflict and lawsuits, and family roles may change dramatically over the life of the trust.
Will a no-contest clause stop my children from suing over unequal distributions?
It will discourage weak lawsuits, but it will not stop a lawsuit brought with probable cause. Under A.R.S. §14-10113, a trust penalty clause is unenforceable if probable cause existed for the contest or proceeding.
Who should be the trustee of an incentive trust?
Someone who is impartial, organized and comfortable making judgment calls. Because family members often find it hard to judge each other, many clients name a professional or corporate trustee, sometimes with a trusted family member as an advisor.
Does the trustee have unlimited discretion?
No. Even when a trust gives the trustee "sole" or "absolute" discretion, A.R.S. §14-10814 requires the trustee to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.
Do incentive distributions have income tax consequences?
After your death, distributions generally carry the trust's distributable net income out to the beneficiary, who pays the income tax on it under IRC §661 and IRC §662. This often lowers total family income tax because trusts reach the top tax bracket quickly.
What happens to the money a beneficiary does not earn under the incentive provisions?
It stays in the trust. In a pot trust it remains available for all beneficiaries, including that beneficiary's own children. In separate share trusts it stays in that beneficiary's share for future distributions or passes to the beneficiary's descendants as the trust directs.
What if one of my beneficiaries has a disability?
Incentive provisions should never penalize a beneficiary who cannot meet them because of a disability. We give the trustee authority to make fair distributions to that beneficiary and, where needed, hold the beneficiary's share in a supplemental needs trust to protect SSI and AHCCCS benefits.
How long can an Arizona incentive trust last?
Arizona's statute, A.R.S. §14-2901, permits very long-term trusts, but the Arizona Attorney General has opined that its 500-year and perpetual-trust provisions are likely unconstitutional. We draft multi-generation trusts with a fallback termination date to protect against that risk.
Can my trust stop distributions while a beneficiary is getting divorced or being sued?
Yes. A common asset protection provision lets the trustee suspend cash distributions while a beneficiary's divorce, lawsuit, creditor claim or bankruptcy is pending, and pay only the beneficiary's direct living and medical expenses until the threat passes.
Can a trust reward a child who chooses a low-paying career?
Yes. An income equalization provision supplements the income of a beneficiary in a valuable but low-paid career, such as teaching, ministry, nonprofit work, law enforcement or firefighting, up to a target income you set.
Does KEYTLaw automatically include incentive provisions in its trusts?
No. Our trusts do not contain incentive or disincentive provisions unless you ask for them. If you want any, copy the provisions you want from this article, edit them and email the text to Ricky Keyt at rck@keytlaw.com at least three business days before your signing appointment. We then add your chosen provisions to your trust.
Get Help Creating Your Arizona Incentive Trust
Arizona estate planning attorney Richard Keyt has practiced law in Arizona since 1979. He and his son, attorney and former CPA Richard C. Keyt, prepare custom Arizona estate plans built around a revocable living trust for a flat fee of $3,497 for one person or $4,497 for a married couple or life partners. Adding a beneficiary-controlled lifetime asset-protected irrevocable trust for your heirs is an additional $1,000.
To hire us to prepare your estate plan, complete our Arizona Estate Plan Questionnaire, book a free office, phone or Zoom video consultation, call 480-664-7478 or email rk@keytlaw.com. For more information, read our Arizona Wills, Trusts & Estate Planning Articles.
This article provides general information about Arizona law and is not legal advice for your situation. Reading it does not create an attorney-client relationship. © 2026 KEYTLaw, LLC.
Created October 25, 2026, by estate planning attorney Richard Keyt
Call, email or text Richard Keyt, the father
Direct phone: 480-664-7478
Email: rk@keytlaw.com
Call, email or text Richard C. Keyt, the son
Direct phone: 480-664-7472
Email: rck@keytlaw.com