Skip to content

Disinheriting children who marry outside the faith

In Re Estate of Max Feinberg three Illinois courts reviewed what they called the Jewish Clause, which stated: "A descendant of mine other than a child of mine who marries outside the Jewish faith (unless the spouse of such descendant has converted or converts within one year of the marriage to the Jewish faith) and his or her descendents shall be deemed to be deceased for all purposes of this instrument as of the date of such marriage."

Read more

Religious marriages status in Ontario law

Harry, 85, wants to marry 75-year-old Esther, but he does not want to lose his widower's pension. They agree not to obtain a marriage license or register the marriage, but instead to have only a ritual ceremony in a rabbi's office. Harry dies and his will leaves his assets to his children. Does only a religious marriage ceremony give Esther any rights to Harry's estate?

Read more

Leave Intermarried Children in the Will

Is it legal to disinherit someone for marrying outside the faith? As a general rule, Ontario Courts respect a person's desire to dispose of their assets as they see fit. However, with the Family Law Act , and the Succession Law Reform Act , the Legislature has intervened to protect the interests of spouses and dependants. The Courts have also avoided certain bequests because they offend Public Policy.

Read more

Halacha and Your Will

Mr. Allen, (not his real name) an Orthodox Jew, wanted to make sure his will would survive his son's scrutiny. The client was not worried about challenges to his capacity, or allegations of undue influence. Rather, his concern was Halachic.

Read more

End Of Life Decisions – Do Doctors Have The Right To Decide?

The doctors argued that, in this context, “treatment” as defined in the Act does not include the withholding or withdrawal of treatment that had no medical value to the patient. Hence, the withdrawal of such treatment could be done without the patient’s consent. The doctors argued that the Act merely enshrined the common law which recognized a doctor’s right to withhold or withdraw treatment. The doctors further argued that according to the common law they were not permitted to continue “inhumane” treatment even if the patient or his substitute decision-maker demanded it.

Read more
Back To Top