Jump to ContentJump to Main Navigation
Exploring the Law of SuccessionStudies National, Historical and Comparative$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 21 September 2021

Testamentary Conditions and Public Policy

Testamentary Conditions and Public Policy

(p.99) 6 Testamentary Conditions and Public Policy
Exploring the Law of Succession

James Chalmers

Edinburgh University Press

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

Edinburgh Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.