Testamentary rescue: an analysis of the intention requirement in Australia and South Africa
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Date
2014
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
LexisNexis Australia
Abstract
This article provides a legal-comparative perspective on the rescue of formally irregular wills through the exercise of judicial dispensing powers in Australia and the comparable exercise of a judicial condonation power in South Africa. The article analyses in particular the requirement that the deceased must have intended the informal instrument in question as his or her will — a requirement common to the Australian and South African testamentary rescue dispensations. The article contextualises the
aforementioned analysis through a comparative examination of judicial engagement with testamentary rescue in three scenarios that frequently confront Australian and South African courts, namely, the rescue of (i) instructions for the preparation of wills; (ii) draft wills; and (iii) suicide letters.
Description
Keywords
Testamentary rescue, South Africa, Australia
Citation
Du Toit, F. (2014). Testamentary rescue: an analysis of the intention requirement in Australia and South Africa. Australian Property Law Journal 23: 56-82