Testamentary Freedom

Question 1

What does testamentary freedom mean?

Answer 1

The general rule is that an individual can do what he wants with his assets when he dies via a will or will substitute

Question 2

What are the limits to an individual’s testamentary freedom?

Answer 2

1. An individual cannot use a will to encourage anything that is illegal
2. An individual cannot use a will to violate public policy
3. An individual cannot use a will to destroy the testator’s assets