Testamentary Freedom

Question 1

What is testamentary freedom?

Answer 1

You can do with your money what you want so long as it is not illegal.

Question 2

Can courts question what you do with your money?

Answer 2

Courts can not question your judgement or wisdom.

Question 3

Limits on Testamentary Freedom:

Answer 3

• Can not use will/trust to promote illegal activity.
  -Restraint on Marriage Okay if certain requirements are met.
  -Can not restrict religion.
  -(but can have some stay in a religion)
  -Can’t tell someone “be a good catholic”
• Can have an “insurance policy” for if people get divorced.
• Can not command destruction of things.

Question 4

Limit on Testamentary Freedom: Marriage Restraint Requirements (4)

Answer 4

1) Clear
2) Reasonable
3) Somewhere for money to go if marriage not met.
4) Restriction done without animus towards another person.