Conflicting narratives in succession law - a review of recent cases

Rosalind F. Croucher

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Abstract

he guiding principle in succession law in the common law tradition is the concept of ‘testamentary freedom’. This principle reflects a strongly individualistic sense of property rights. A parallel principle is one of moral responsibility towards those closest to you, particularly spouse and children. This is expressed through obligations on marriage and in marriage-like partnerings and, to some extent, through Family Provision legislation. This article explores the tensions between the principles and the conflicting narratives in succession law expressing them. Understanding the ways that these narratives are played out provides a more informed basis for the consideration of law reform.
Original languageEnglish
Pages (from-to)179-200
Number of pages22
JournalAustralian property law journal
Volume14
Issue number2
Publication statusPublished - 2007

Keywords

  • succession
  • testamentary freedom
  • property rights

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