Suppose that a wealthy anti-Semite dies and in his will leaves money to a hospital, school or similar organization with the condition that none of the money could be spent serving Jews. Would such a donation be legal?
Maybe, if the donor lives in Australia.
A judge in Australia recently decided a similar case after the family of the deceased challenge the terms of a will that largely cut them out of her estate.
When Marjorie Williams died at 82 she left beind an estate worth AUS $800,000. Her will leaves most of the money to charitable organizations and vents her frustatration at her brother. Among the odder gifts is a $10,000 contribution to a Sydney hospital on the condition that the money is used to treat “white babies.”
Justice Peter Young ruled that this did not violate Australia’s anti-discrimination laws, and the hospital could accept the gift. He did give them an obvious out, noting that they could simply use accounting gimmickry to comply with Williams’ request.
It’ll be interesting to see if the hospital will accept the gift. I suspect this is one gift that will likely be declined, which would not be unreasonable at all.
I am not a lawyer, but I don’t think such a provision in a will would survive such a challenge in the United States.
Sources:
Bequest for ‘white babies’ is not racist, rules judge. Mark Chipperfield, Daily Telegraph (London), January 4, 2004.
‘White babies’ lawful, but ‘white Australian’ vetoed. Michael Pelly, The Age (Australia), December 23 2003.