Not the beginning of the end: The tension between pure testamentary freedom and self-imposed moral restrictions, a case for formalising limitations

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Discusses, with reference to case law, the arguments for eroding the concept of pure testamentary freedom. Examines the historical fallacy of such freedom, the current position, the social, judicial and legislative importance of testamentary freedom, and how it has been interpreted by the courts. Considers whether a type of forced heirship should be introduced, and assesses the situation in Scotland, including key reform proposals.
Cases cited
Ilott v Mitson [2017] UKSC 17; [2018] A.C. 545; [2017] 3 WLUK 391 (SC)
Legislation cited
Inheritance (Provision for Family and Dependants) Act 1975 (c.63)
Inheritance (Family Provision) Act 1938 (c.45)
Original languageEnglish
Pages (from-to)214-229
Number of pages12
JournalThe Conveyancer and Property Lawyer
Issue number3
Publication statusPublished - 12 Nov 2020

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