Conditioning a devise on termination of a marriage is generally considered:

• A. Enforceable
• B. Void because it disfavors marriage
• C. Void due to lack of testamentary capacity
• D. Void as contrary to public policy

Answer: (D)

Conditioning a bequest on the termination of a marriage hinges on public policy about restraints on marriage. Courts view such a provision as trying to control or punish a personal relationship, penalizing marriage itself to obtain the gift. That interference with a fundamental personal choice is not allowed, so the provision is void for public policy reasons. The essence is that a testamentary gift should not be conditioned on ending a marriage; the correct stance is that the clause is void as contrary to public policy, and any resulting effect is that the condition fails while the rest of the will can often stand. This isn’t about the testator’s capacity; it’s about whether the condition on the gift aligns with societal norms and legal protections for marriage.