An Illinois law professor presents a final exam question about a trust that disinherits grandchildren who marry outside the Jewish faith. The Illinois Supreme Court upheld this provision as valid in 2009, showing that courts can enforce faith-based conditions in trusts.
Good morning, class. As you know, this is your final law school exam in decedents' estates. This is your only test for the entire semester, so your entire grade is riding on this exam. There is one question on this exam, and here it is: A man leaves money in trust for his grandchildren with the provision that if any of them have married outside the Jewish faith at the time of his death, they will receive nothing. Is this a valid provision? Write your answer in the comments. You have about 5 seconds. Time's up. If you answered that there's no way a court would ever require someone to marry within a certain religion, you're wrong. This was an actual case, and in 2009, the Illinois Supreme Court said this was a valid provision.
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