Controlling assets from the grave

[Terry_w]

Actually I do remember reading a case about testamentary freedom where the learned judge said something like if the testator wanted to make a will instructing his executor to regster one of those phone lines, a 555 number and he would give away his entire estate to the 29th caller on the 5th of june after his death - this would be acceptable.

 

[Paul@PFI]

What about if an employer said to someone that they would only employ them if they changed their religion to X?

I would imagine the HREOC would smash the employer into dust and the front pages of newspapers would have some news to report that day that doesn't involve the letters S & I.

 

[Mr. Fabulous]

Thanks for the link,and sometimes it happens even before the person is dead,i'm going along to a funeral on Friday morning the person in question
had dementia been in high care for about less the one year,one of the family had the enduring power of attorney and ended up in court then the public trustee took over everything,and it's quite a large $$$ property shares estate..

Bleh! 'Public Trustee' is a four letter word.

 

[Mr. Fabulous]

As far as estates go- my view is that it is my money and I can give it to whoever I want (subject to claims from "dependants" under the Family Provision part of the Succession Act). If my wife is dead why should my grown financially independent kids believe they have any unconditional entitlement to my property (unless they contributed to it or there was an estoppel issue)?
I can give my property to whoever I want when I'm alive and under whatever conditions I feel like- why should this be different when I'm dead?

I was going to post something along these lines.