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Disinheritance: Will I Be Disinherited for Marrying Outside the Faith?

Posted on | September 30, 2009 |

The Illinois Supreme Court ruled that a Jewish couple’s dying wish to disinherit any of their grandchildren that married outside of the Jewish faith was lawful. The Courts have traditionally ruled that clauses that promote divorce are against public policy, but here the Court held that the clause did not do so. The clause in question required that upon the death of the surviving testator, if any grandchild married outside of the Jewish faith, their non-Jewish spouse had a year to convert to Judaism. If they did not convert, then their share would revert back to their parents. This clause would likely control dispositions under other faiths as well.

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