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Exploring the Law of SuccessionStudies National, Historical and Comparative$
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Kenneth Reid and Marius de Waal

Print publication date: 2007

Print ISBN-13: 9780748632909

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748632909.001.0001

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Testamentary Conditions and Public Policy

Testamentary Conditions and Public Policy

Chapter:
(p.99) 6 Testamentary Conditions and Public Policy
Source:
Exploring the Law of Succession
Author(s):

James Chalmers

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748632909.003.0016

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

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