|Statement||annotated and edited by Joseph B. Stern.|
|Series||Contemporary legal issues--Jewish law and American law -- source book no. 4|
|Contributions||Stern, Joseph B., Hebrew College (Brookline, Mass). Milender Institute of Jewish Ethics.|
|LC Classifications||KBM632 .F74 1983|
|The Physical Object|
|Pagination||32 p. ;|
|Number of Pages||32|
|LC Control Number||2008557505|
Freedom of testation is considered to be one of the founding principles of the South African law of testate succession. Testators are given freedom to direct how their estate should devolve and free rein to dispose of their assets as they deem fit. As a result, effect must be given to the expressed wishes of the testator. Prior to , such freedom could be limited only by common law Author: Patrick Matsemela. from the estate, this may deter anyone to whom a business, farm or prac- tice is given by the will from using his best endeavours in its management. (3) Judicial desmiption and fixed portions It is usual to consider one’s own system of law as natural and normal, and for that reason most English lawyers consider freedom of testation. Freedom of testation is a principle which is highly regarded in the four legal systems, being them common law, civil law or mixed systems, I looked at very briefly. Freedom of testation is an important part of the law of succession and is a form of the recognition of private ownership. The principle of freedom of testation is the foundation of the South African law of testate succession.1 The South African concept of freedom of testation is one of the most absolute concepts of freedom of testation in westernised legal systems.2 The South African concept of freedom of testation currently allows a.
Ex Parte: BoE Trust Ltd NO and Others (SCA) (unreported case no /11, ) (Erasmus AJA). By Mapula Sedutla. The recent BoE Trust case tested freedom of testation against public policy, the constitutional right to equality, s 7 of the Promotion of Equality and Prevention of Discrimination Act 4 of and ss 3 and 4 of the National Education Policy . person has left a will, the estate is inherited in accordance with the law of testate succession. The contents of a will are left mainly to the discretion of an individual testator. The reason for this is that under South African law, a high premium is placed on the principle of freedom of testation. However, this freedom is not absolute. The. Gower, Freedom of Testation in English Law () 20 IOWA L. R-v. tional freedom of testation is not an immemorial practice. For this purpose (2 id. at ) who came back to life and divided his estate into three parts, there may be inferred the existence of a local principle of intestacy, but this does not indicate any. Freedom of testation was upheld in the case of Ex Parte Dessels (), where a man left his estate to his wife and daughter, but made certain conditions, including clauses that stated they were.
The last two Acts mentioned above are, in my opinion, the greatest impediments to true freedom of testation. A maintenance claim is generally devastating to any estate and the matrimonial property regime of the parties can have a significant influence on how a deceased estate . An executor (the person appointed to wind up the estate) must carry out the wishes of the testator (the person making the will) as far as legally possible. The freedom of testation is limited by the common law in these situations. The law of succession, which has been traditionally confined to domestic limits, is becoming a frequent topic of discussion in international forums, due to the increasing mobility of people and assets. Freedom of testation is in the center of all initiatives tending to harmonize or at least approximate legislations in this field, even if, to date, efforts in this direction have focused on. The tension between freedom of testation and the support obliga-tions associated with parenthood and marriage creates many policy and drafting problems for legislatures. The imposition of support obli-gations on a testator's estate necessarily restricts testamentary free-dom.