Conflicting narratives in succession law - a review of recent cases

Rosalind F. Croucher

Research output: Contribution to journalArticlepeer-review

216 Downloads (Pure)


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
Issue number2
Publication statusPublished - 2007


  • succession
  • testamentary freedom
  • property rights


Dive into the research topics of 'Conflicting narratives in succession law - a review of recent cases'. Together they form a unique fingerprint.

Cite this