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ARTICLE · 28 AUGUST 2014

Court backs certain conditions set in a will

The case highlighted how a person making a will can legally stipulate conditions on those who benefit from the estate.

AustraliaFamily and Matrimonial

A recent Supreme Court case highlights how a person making a will can legally stipulate conditions on those who are to benefit from their estate. A father refused to leave an inheritance to four of his children unless they converted from Jehovah's Witnesses to Roman Catholic within three months of him dying. The will also said they'd miss out if they didn't go to his funeral.

They went to the funeral but didn't convert. As a result they were excluded from the inheritance.

The children went to court and argued the stipulation for them to convert was "against public policy", that is, against a person's right to freedom of religion. The court held that even if this were held to be true, it did not overrule the willmaker's right to testamentary freedom - the right to decide what happens to his own property.

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