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Why can a gift in a will that requires a beneficiary to divorce be invalid?
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Inheritance
Members of a kibbutz weaving fishnets, 1937.
A testamentary gift that requires a beneficiary to obtain a divorce is considered invalid because it violates public morals. Freedom of testation is not absolute, and no provision is legally enforceable if it is deemed shocking to public morals or conditions a gift upon an act that should not be so conditioned. In such cases, the gift is typically rendered either entirely invalid or valid without the offending condition.1