The Concept of moral duty in the law of family provision - a gloss or critical understanding?

Rosalind Atherton

Research output: Contribution to journalArticlepeer-review

Abstract

The presence of the moral duty test in the distribution of property allowing the court to override a testator's intentions through the operation of family provision legislation - existence of the moral duty test as evident in Re Allardice - the meaning given to moral duty by the judiciary - origin of the moral duty approach.
Original languageEnglish
Pages (from-to)5-27
Number of pages23
JournalAustralian journal of legal history
Volume5
Issue number1
Publication statusPublished - 1999

Keywords

  • family law
  • legal history
  • property law
  • wills

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