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.
|Number of pages||22|
|Journal||Australian Property Law Journal|
|Publication status||Published - 2007|
- testamentary freedom
- property rights