Mr Baldwin, a wealthy actor, marries his twenty-one-year-old personal trainer. In terms of their duly registered antenuptial contract, he appoints her as the sole heir to his fortune. On his death his children contest the validity of this undertaking in the antenuptial contract. Which ONE of the following statements is CORRECT?a.The undertaking is valid since it amounts to a valid donation between the living.b.The undertaking is invalid since it cannot be legally executed.c.The undertaking is invalid since it is contrary to good morals.d.The undertaking is valid since parties about to be married may appoint each other as heir in an antenuptial contract.
Question
Mr Baldwin, a wealthy actor, marries his twenty-one-year-old personal trainer. In terms of their duly registered antenuptial contract, he appoints her as the sole heir to his fortune. On his death his children contest the validity of this undertaking in the antenuptial contract. Which ONE of the following statements is CORRECT?a.The undertaking is valid since it amounts to a valid donation between the living.b.The undertaking is invalid since it cannot be legally executed.c.The undertaking is invalid since it is contrary to good morals.d.The undertaking is valid since parties about to be married may appoint each other as heir in an antenuptial contract.
Solution
To determine the correct statement regarding the validity of the undertaking in the antenuptial contract, let's analyze each option step by step:
a. The undertaking is valid since it amounts to a valid donation between the living.
- This option suggests that the appointment of the spouse as the sole heir is a valid donation. However, the context of the question is about an antenuptial contract, not a donation inter vivos (between the living).
b. The undertaking is invalid since it cannot be legally executed.
- This option implies that the appointment of the spouse as the sole heir is not legally enforceable. However, it does not provide a specific legal reason for the invalidity.
c. The undertaking is invalid since it is contrary to good morals.
- This option suggests that the appointment of the spouse as the sole heir is against public policy or good morals. This could be a valid argument if there were concerns about undue influence or exploitation, but it is not necessarily a definitive legal reason.
d. The undertaking is valid since parties about to be married may appoint each other as heir in an antenuptial contract.
- This option states that it is legally permissible for parties entering into marriage to appoint each other as heirs in an antenuptial contract. This is a common practice and is generally considered valid.
Based on the analysis, the correct statement is:
d. The undertaking is valid since parties about to be married may appoint each other as heir in an antenuptial contract.
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