Intangibles Not Transferable by Reason of Public Policy

Abstract This chapter explores restrictions on transferring intangible rights due to public policy. It addresses the non-transferability of public salaries and pensions, which aim to preserve the dignity and readiness of public office holders. The chapter discusses cases where the assignment of salaries, such as those of public officers or military personnel, is prohibited, referencing key rulings like Grenfell v The Dean and Canons of Windsor. It also examines the complexities of assigning future maintenance payments in divorce settlements, highlighting their personal nature and non-assignability. Finally, the chapter concludes by addressing statutory restrictions on the assignment of social security benefits and military service pay, which align with broader public policy concerns.