Unusual Clauses in Wills

I just heard of a person who wanted a clause in the will to say that all the attendees at her funeral were to be given a ticket and then at the end of the ceremony a number would be drawn from the barrel for a lucky door prize.

Have you inserted anything unusual in your will?

 

Confetti.

 

Terry I've always wondered about the enforceability of a clause wanting to be cremated and the ashes used to forge a set of swords and rings for my descendants.

I call it the lord of the rings provision.

 

What was the prize?

 

I am now seriously considering something like this...

 

So would that actually make it through probate?

I'm considering having contest for one of my nephews and nieces to inherit the lot. Something in the theme of the Hunger Games.

 

Coming from That Bum thats just wierd...Burger Rings ?

 

I believe its a wish, not a binding instruction. An affected beneficiary may have cause to seek legal redress if the swords arent provided ? As carbon cant be forged to steel its probably unenforceable. However asking the trustee to set aside funds to assist the forging that also uses the ashes etc then it may be something the executor is obliged to do.

And its not unusual an executor finds / reads a will after death and the funeral etc then seeks legal advice. Burial may affect the wish and mean its no longer reasonable.

Whats the deceased going to do ? Sue ?

 

Haha no idea, but if I was potentially to be a beneficiary of literally an ancestral sword, I would be doing my legal upmost to make sure it happened.

 

A bottle of whiskey!

 

Roll over in their grave.

 

In this case, the gift is likely to fail due to the item and recipient being unclear.

 

I don't know Larry. I recall a case where the judge said something like if a person wanted their executor to take all their money as cash, down to the corner of Myer building in Sydney, and throw it in the air, then this was a valid request in a will.

I keep hanging out in that area, just in case.

 

do give me the heads up when you are down that way.

 

Interesting thread!

I don't think either of these are enforceable, but both wishes.

Any instructions regarding disposal of a testator's body - even burial versus cremation - are unenforceable, because of the principle that there's no property in a dead body - Williams v Williams (1882). But of course the custom is that a testator abides by a testator's wishes if they're known and unless there's a good reason not to.

So it's not enforceable to even be cremated, but if your executor / loved ones do do the right thing and get you cremated, and you've specified in your will that you want money put aside out of your estate to have your ashes forged into jewellery / metal objects to be bequeathed to your descendants, and that's technically possible, the question becomes would that subsequent - I think binding (?) - testamentary disposition be enforceable when it rests upon a non-binding previous wish (that you be cremated)?

I don't know. I suspect that if the precedent wish - that you be cremated - is executed, then the "making ashes into metal objects" testamentary disposition would become enforceable, but I'm not sure. @Terry_w? @thatbum?

The one about the lottery with a bottle of whiskey door prize... I agree that a testamentary gift could fail for lack of certainty as to beneficiary, but I don't think you need to go down that path. Given the size of the prize, I don't think you need to view it as a testamentary gift - I think you could just view the 'door prize' as part of the cost of putting on a funeral. It's not like it's going to blow out the cost; just consider it part of the testator's wishes for how they want their funeral to be celebrated, same as a request for a particular colour or type of flower, or type of hearse, etc. If the door prize were a new car or $10,000, then the Executor would not be able to justify it (in their accounting to the estate), but I think a door prize bottle of whiskey is justifiable within the cost of a fitting funeral in accordance with the testator's wishes. What do you think of that reasoning @Terry_w?

 

Yes prob fail for uncertainty as anyone could walk into a funeral. I do sometimes just in case there are door prizes on offer. Haven't found any yet.

I do know that if you instruct that your body be not cremated, it would be an offence if it was cremated.

 

Interesting - that's in ACT, NSW, and WA, apparently - see para 4.9: https://www.lawreform.vic.gov.au/content/4-funeral-and-burial-instructions-legislation

 

I heard of one through a guy at work that was adjusting his will. The solicitor ask if he wanted a "No Tatt" clause... whereby the kids (he has 3) with Tattoos get less than those without. Not sure of ratios... but funny nonetheless. For the record he did not opt for the clause to be included.

 

There have been religion clauses too - only get a gift if you are a Catholic sort. Not sure how the courts viewed this.

 

I saw online a US draft Will that had a "No Contest Provision" of "If any beneficiary under this Will contests in any court any of the provisions of this Will, then each and all such persons shall not be entitled to any devices, legacies, bequests or benefits under this Will or any codicil hereto, and such interest or share in my estate shall be disposed of as if that contesting beneficiary had not survived me." Would that clause be legal in NSW?