20
wiLLs & EsTaTEs
By steve morales
W
hen writing a will, you can include
conditions or restrictions to control how
your assets are bequeathed, but there are
limits. Imposing bizarre conditions can
lead you into a complex area of law.
"There are certain generally
reasonable limitations on a person's testamentary freedom," says
Susannah Roth of Toronto-based O'Sullivan Estate Lawyers.
"When you're talking about bequests or gifts under a will, there
are sometimes limitations on those types of things that have to do
with the way those things have been drafted or have to do with
certain conditions themselves."
Ideally, a valid gift condition is clear, legal, and possible.
In many cases, courts have disallowed conditional gifts due to
uncertainty, impossibility, or being "contrary to public policy."
More specifically, a conditional gift can't require a beneficiary
to commit a crime, discriminate against a religious or ethnic
group, give up custody of a child, or separate from their spouse.
If a condition violates these standards, it could be awarded
unconditionally.
What
CondiTions
can
I put
in my
wiLL?
CREaTinG ouTRaGEous oR unCLEaR LiMiTaTions
To ConTRoL whaT haPPEns To YouR assEsTs
aFTER dEaTh Can baCkFiRE.
