Remedying formal irregularities in wills: A comparative analysis of testamentary rescue in Canada and South Africa
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Date
2020
Authors
Journal Title
Journal ISSN
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Publisher
Routledge
Abstract
This article examines the testamentary rescue provisions contained in the
statutes governing wills in Manitoba, British Columbia and South Africa, as
well as some of the jurisprudence on the interpretation and application of
these provisions. The article thus provides an instructive legal comparative
analysis of how formally irregular wills are judicially rescued and, therefore,
how testamentary formalism is tempered to ensure that testamentary
intentions embodied in informal documents are effectuated in the three
jurisdictions under discussion. The article also evaluates (in broad terms) the
efficacy of Manitoba’s, British Columbia’s and South Africa’s respective
testamentary rescue dispensations, and attends to some lessons and possible
solutions to challenges arising from these jurisdictions’ engagement with
testamentary rescue.
Description
Keywords
Execution formalities, Formally irregular wills, Curative power, Dispensing power, Condonation power
Citation
du Toit, F. (2021). Remedying formal irregularities in wills: A comparative analysis of testamentary rescue in Canada and South Africa. Oxford University Commonwealth Law Journal, 20(1), 139-162