Testamentary Conditions and Public Policy

James Chalmers

in Exploring the Law of Succession

Published by Edinburgh University Press

Published in print October 2007 | ISBN: 9780748632909
Published online March 2012 | e-ISBN: 9780748651436 | DOI:
Testamentary Conditions and Public Policy

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This chapter examines the relation between testamentary conditions and public policy. It deals with the circumstances in which conditions attached to legacies will be regarded as contra bonos mores, allowing the beneficiary to take the legacy free of the condition. The chapter considers the rationale for denying testators the right to impose such conditions and analyses the approach that the courts have taken to the three most common types of conditions: conditions in restraint of marriage, religion, and living arrangements. It highlights the importance placed by the courts on the institution of the family in considering the extent to which testamentary conditions may be regarded as being contra bonos mores.

Keywords: testamentary conditions; public policy; legacies; contra bonos mores; marriage; religion; living arrangements; family

Chapter.  6992 words. 

Subjects: Comparative Law

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