Conditional gifts from your estate
Did you hear about Patrick (Hickin v Carroll & Ors), the guy who left his estate to his 4 children on the condition that they were all baptised Catholic within 3 months of his death and that they attend his funeral. Patrick’s wife was a practising Jehovah’s Witness and all 4 children were baptised as Jehovah’s Witnesses. Patrick was staunchly opposed to his children being association with that faith. Each child attended the funeral but none of them chose to be baptised Catholic. The NSW Supreme Court upheld the conditions of Patrick’s Will. In many instances, this may not have been the case as Courts are usually unwilling to uphold a condition on public policy grounds.
If you wish to place a condition in your Will, we recommend that you speak to one of our experienced solicitors to ensure that your wishes are carried out.
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