We are sometimes asked to insert clauses and wishes into a Will that are either unenforceable, or would not stand up in court if challenged, or are simply inappropriate. Generally, such requests are made so that the testator has the certainty or comfort that their wishes will be carried out on their passing. In other words, such requests are often made for benign and caring reasons. At other times, however, testators seek to enforce their wishes long after they have passed. This is called trying to ‘rule from the grave’ and cannot be done legally or practically and is to be discouraged. 

Wills ruling from the grave refers to the idea that a person, through their Will, can essentially control aspects of their estate and how their assets are distributed even after they have died, essentially ‘ruling’ over their beneficiaries from beyond the grave. However, this power is limited by legal constraints and cannot be used to impose unreasonable restrictions on the recipients of the inheritance. 

Key points about ruling from the grave:

• Legal principle:

The concept is based on the legal principle of freedom of testation, which allows individuals to decide how they want to distribute their property through a Will. 

• Limitations:

While a Will can outline specific conditions for receiving inheritance, these conditions must be legal and not excessively restrictive. 

• Concerns:

Some potential concerns include creating undue burdens on beneficiaries or trying to control their behaviour too extensively after the testator's death. 

Example situations where someone might be said to be ruling from the grave:

• Strict conditions on inheritance:

A Will that only allows a beneficiary to inherit a property if they continue to live in it for a specific number of years.

• Disinheritance based on certain actions:

Leaving a beneficiary out of a Will if they do not follow specific lifestyle choices.