Thread: Writing a Will
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Old 05-05-2019, 12:09 AM   #56
troutman
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What limits can be put on testamentary freedom are fact dependent, and may be difficult to predict.

http://disinherited.com/keeping-will-court/

Quote:
12. CONDITIONS AGAINST PUBLIC POLICY
There are many conditions that in the interest of the public, or the Crown, that may be said to be against public policy. The conditions may vary over time, but generally speaking, conditions that offend the law, or are an unreasonable restraints on marriage, or a condition that attempts to avoid the Wills Variation Act, or is racially offensive, may be void. Some conditions that were formerly held to be void, may now be allowed, and vice versa. This is simply because of changes of public opinion over time, which the Courts attempt to reflect.
https://www.millerthomson.com/en/pub...y-constraints/

Quote:
Courts have also intervened where a testator attaches conditions to a gift that are void as a matter of public policy. These include:

Conditions in restraint of marriage;
Conditions that undermine the parent-child relationship by disinheriting the child who resides with a parent;
Conditions that disinherit a beneficiary based on religious faith; and
Conditions that require or encourage a beneficiary to commit a crime or perform an act prohibited by law.

Last edited by troutman; 05-05-2019 at 12:18 AM.
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