Limitations on the right to freedom of testation
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Date
2020
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Sabinet
Abstract
Freedom of testation is a basic right in terms of the South African law of succession and enables a testator (or testatrix) to bequeath assets in a will as they please. The freedom is not completely unrestricted. Limitations are based on social and economic considerations and are found in statutory and common law principles. An example of a common law limitation is that a testator may not incorporate a provision in a will that is contrary to public policy. This article – the first in a two part series – analyses the limitations with regard to discrimination. These limitations are viewed in terms of both legislation and case law.
Description
Keywords
Freedom of testation, South African law, Limitations of rights, Discrimination
Citation
Muneer, A. (2020). Limitations on the right to freedom of testation. Without Prejudice, 20(4), 25-26