Testamentary Conditions and Public Policy

James Chalmers

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

Abstract

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.

Original languageEnglish
Title of host publicationExploring the Law of Succession
Subtitle of host publicationStudies National, Historical and Comparative
EditorsKenneth Reid, Marius de Waal, Reinhard Zimmermann
PublisherEdinburgh University Press
Pages99-113
Number of pages15
ISBN (Print)0748632905, 9780748632909
DOIs
Publication statusPublished - 2007

Publication series

NameEdinburgh Studies in Law

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