Succession question - need help please

baaanger

Suppose X leaves a will naming sibling Y as sole beneficiary for a large sum of money (assuming that X has no parents, spouse, other siblings or children as per 1965 Succession Act) but there are 2 conditions.
1. Y must break off all contact with his son Z.
2. Y has control and use of the money and been given power of appointment for the money after his death (to divide amongst all his children with the exclusion of Z).

My understanding is that Y gets the money but does not have to break off contact with Z but I can’t find any authority on this matter, it sounds like equity but anyone got any suggestions where to look?

I also think that once Y get’s the money he can do what he likes with it and regardless of the power of appointment he can leave it to whomever he wishes (or spend it all so long as it’s not a trust) is this right or am I getting mixed up?

Any ideas would help - thanks.

lala stone

baaanger wrote: »

Suppose X leaves a will naming sibling Y as sole beneficiary for a large sum of money (assuming that X has no parents, spouse, other siblings or children as per 1965 Succession Act) but there are 2 conditions.
1. Y must break off all contact with his son Z.
2. Y has control and use of the money and been given power of appointment for the money after his death (to divide amongst all his children with the exclusion of Z).

My understanding is that Y gets the money but does not have to break off contact with Z but I can’t find any authority on this matter, it sounds like equity but anyone got any suggestions where to look?

I also think that once Y get’s the money he can do what he likes with it and regardless of the power of appointment he can leave it to whomever he wishes (or spend it all so long as it’s not a trust) is this right or am I getting mixed up?

Any ideas would help - thanks.

hey yes I think you are right.. remember (if u did law in college!) teh case where a man leaves all his money to his grandson if he stays away from drink, gambling etc.. but it wasnt upheld as requirements were unjust and too stringent...

On another point, how could anyone monitor if the man broke contact with his son or not.. this would require an order of specific performance, which of course a court will not grant, unless in extreme circumstances!

dermot_sheehan

If I remember correctly, condition subsequent's can not be applied to personal property (.e.g money), only real property (land). If the condition subsequent occurs it gives the original donor or his personal rep a right of re-entry.

lala stone

gabhain7 wrote: »

If I remember correctly, condition subsequent's can not be applied to personal property (.e.g money), only real property (land). If the condition subsequent occurs it gives the original donor or his personal rep a right of re-entry.

Are there any limits to the conditions you can request? Thx!

fliptzer

lala stone wrote: »

hey yes I think you are right.. remember (if u did law in college!) teh case where a man leaves all his money to his grandson if he stays away from drink, gambling etc.. but it wasnt upheld as requirements were unjust and too stringent...

On another point, how could anyone monitor if the man broke contact with his son or not.. this would require an order of specific performance, which of course a court will not grant, unless in extreme circumstances!

Sounds right but is that not contract law as opposed to succession/land law? I was under the impression that conditions of wills follow sucession and 1965 Act.

lala stone

fliptzer wrote: »

Sounds right but is that not contract law as opposed to succession/land law? I was under the impression that conditions of wills follow sucession and 1965 Act.

specific performance? Its a remedy so it can apply in any context

baaanger

lala stone wrote: »

hey yes I think you are right.. remember (if u did law in college!) teh case where a man leaves all his money to his grandson if he stays away from drink, gambling etc.. but it wasnt upheld as requirements were unjust and too stringent...

On another point, how could anyone monitor if the man broke contact with his son or not.. this would require an order of specific performance, which of course a court will not grant, unless in extreme circumstances!

Thanks for that but I can't find the case on justis, any ideas for authorities on any of the issues? I've been looking for ages and can find squat.

Victor

There are also public policy considerations. Would the courts accept a demand that a family be broken up?

Now if the will was reworded that Y has not had regular contact with Z at the time up to the death or that A will only get the money at age 25 unless they are married, that would be another matter - the test can be decided at the time of the carrying* out of the will.

Of course, Y could break all contact and then restore contact at a later time.


* What is the proper term here - execution?