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Thoughts about will restrictions in the mid-20th century??

6 replies

Nikitaspearlearring · 07/11/2024 14:57

This is from a book and I'm wondering if it has any legal basis:
A man leaves his house to one of his DDs on his death, with the restriction that if she ever marries, the house is then given to the Catholic church. So he dies, she inherits.
Who is going to enforce the restriction? Wouldn't there have to be some trust set up beforehand with the church? When she inherits, couldn't she just make a new will or e.g hand over the house to her sibling before she marries?
Thanks for your thoughts.

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Nikitaspearlearring · 07/11/2024 14:58

Sorry about double question mark. No idea how that happened.

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Collaborate · 07/11/2024 15:35

It's called a conditional bequest. Chances are such a provision would be unenforceable. Stop believing everything you ready in a crappy novel is well researched.

See this www.legalandgeneral.com/insurance/over-50-life-insurance/wills/conditional-gifting/

Another2Cats · 07/11/2024 17:10

"A man leaves his house to one of his DDs on his death, with the restriction that if she ever marries, the house is then given to the Catholic church. So he dies, she inherits."

"Wouldn't there have to be some trust set up beforehand with the church? "

You're right.

How this would actually work in reality (at least in the UK) is that the man would leave his house to the church in trust and then also give the DD the right to live in the house until she remarries.

"Who is going to enforce the restriction?"

That would be the church if and when they found out that she had married.

Nikitaspearlearring · 08/11/2024 09:31

Collaborate · 07/11/2024 15:35

It's called a conditional bequest. Chances are such a provision would be unenforceable. Stop believing everything you ready in a crappy novel is well researched.

See this www.legalandgeneral.com/insurance/over-50-life-insurance/wills/conditional-gifting/

Um, yeah. I have to give a critique of the book, and it's not crappy. But thanks for your help.

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prh47bridge · 08/11/2024 10:33

Nikitaspearlearring · 08/11/2024 09:31

Um, yeah. I have to give a critique of the book, and it's not crappy. But thanks for your help.

A lawyer may think that any novel that gets the law wrong is crappy, regardless of how well written it is, particularly if it is a major plot point.

Nikitaspearlearring · 08/11/2024 12:40

prh47bridge · 08/11/2024 10:33

A lawyer may think that any novel that gets the law wrong is crappy, regardless of how well written it is, particularly if it is a major plot point.

That's true. But I'm not a lawyer, and sometimes readers are prepared to suspend their disbelief if the story is good enough. But part of my job is fact-checking, hence this post. I just wondered if the law would have been any different in the mid-20th century. Anyway, I think my question has been answered. Thank you.

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