A recent decision in the Supreme Court of New South Wales by Justice Kunc Carolyn Margaret Hickin v Robyn - Patricia Carroll & Ors (No.2) [2014] NSW SC1059 considered the case of where a deceased father wrote in his will that his adult children were not to receive any inheritance unless they met two conditions:
- attend his funeral; and
- become Catholics within three months of the date of his death (which involved being Baptised as Catholics).
The deceased died in April 2012.
His children attended the funeral but they did not become Catholics and challenged the condition in the New South Wales Supreme Court in a bid to still receive their share of his estate. The deceased's motivation in writing the will was that he never approved of his children becoming Jehovah's Witness.
The court heard that the deceased did not raise his children as Catholics, nor did he or they attend church services when they were young and they did not enrol them in Catholic schools. Despite this, the judge ruled that the deceased was entitled to place such conditions in his Will. He stated that the conditions, particularly the Baptism condition, are not uncertain, impossible or contrary to public policies. The children only complied with the attendance condition which is insufficient for them to take their benefits under the gifts.
The judge ruled that the portions of the deceased's estate that would have gone to the children under the gifts now fell to be divided amongst the other residuary beneficiaries in accordance with the alternative gifts.
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