Which statement best describes why a clause conditioning a devise on termination of a marriage is void?

• A. It violates testamentary capacity
• B. It interferes with religious liberty
• C. It contradicts freedom of disposition and supports divorce
• D. It would cause tax issues

Answer: (D)

The main idea is that a bequest conditioned on the termination of a marriage runs contrary to public policy because it tries to control how property is disposed of based on a third party’s marital status. Such a clause penalizes or rewards divorce, effectively influencing whether a marriage continues, which intrudes on the testator’s freedom to dispose of property. That’s why it’s void: it undermines the right to freely arrange one’s estate and discourages or incentives divorce. Tax consequences might arise in various wills, but they aren’t the reason this kind of condition is invalid.