Estate Planning With Personality: When a “Floozy Clause” Isn’t Just a Joke

What do you get when a fashion mogul writes her will with flair? A “floozy clause,” apparently.

Rebecca Minkoff, designer and entrepreneur behind a global fashion brand, recently opened up about a unique provision in her estate plan. If she dies or divorces, all her assets are to be placed into a trust for her children—bypassing her husband entirely. Her reasoning? To block any future partner (a so-called “floozy”) from accessing the family wealth.

It might sound dramatic, but the idea wasn’t born from mistrust of her husband. In fact, Minkoff says it was her mother’s suggestion—long before they had real money—based on the simple desire to protect her children’s future. And while the clause name raised eyebrows, the logic behind it is surprisingly common in estate planning.

Planning Beyond the Present
Many people want to control how their estate is handled after they pass, particularly when blended families or remarriage are possibilities. We’ve seen everything from limitations on who beneficiaries can marry to clauses based on religion. These types of conditions don’t always hold up in court, but they highlight how personal—and complex—estate planning can be.

One extreme example? A “Special Trustee for Hostile Acts.” Yes, that’s a real thing. In one case, a mother appointed a trustee to step in if any of her five children acted out after her passing. Predictably, litigation followed. Although the court upheld the clause, it couldn’t prevent the family drama she’d hoped to avoid.

Good Intentions, Legal Limits
Creative estate planning is fair game—but not everything flies legally. Courts won’t enforce provisions that completely restrict marriage, promote divorce, or encourage illegal behavior. And if a clause is too vague or punitive, it could open the door to costly disputes.

Even well-meaning plans like Minkoff’s may run into trouble. If any assets pass directly to her husband before being placed into a trust, he could ultimately use them however he wants. An irrevocable trust, with clearly defined restrictions, would offer stronger protection—and avoid unintended tax consequences. For example, if a trust penalizes a surviving spouse for remarrying, it may not qualify for the estate tax marital deduction. With careful drafting, this can be addressed by structuring the trust to provide income during the surviving spouse’s lifetime.

Balancing Protection and Peace
There’s also a human element to consider. Restrictions may protect children’s inheritance, but they can also strain relationships if a surviving spouse feels micromanaged from beyond the grave. An estate plan should reflect your priorities—but also leave room for the living to move forward.

If you have bold ideas for your estate plan—or just want to make sure your children are secure without sparking future conflict—working with an experienced estate planning attorney is key.

Your estate plan should be as thoughtful as it is thorough. Whether you want to include unique provisions or simply protect your children’s future, The Werner Law Firm’s experienced estate planning attorneys in Frisco are here to help.

If you have any questions, schedule a free appointment with us through our online appointment page.

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Reference: mondaq (April 10, 2025) “Fashion Designer Rebecca Minkoff Reveals She Has ‘Floozy Clause’ In Will”