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

Kennedy, Vinny (2020) Not the beginning of the end: the tension between pure testamentary freedom and self-imposed moral restrictions, a case for formalising limitations. The Conveyancer and Property Lawyer, 84 (3). pp. 214-229. ISSN 0010-8200

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Abstract

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)

Item Type: Article
Additional Information: This is a pre-copyedited, author-produced version of an article accepted for publication in The Conveyancer and Property Lawyer following peer review. The definitive published version is available online on Westlaw UK or from Thomson Reuters DocDel service.
Uncontrolled Keywords: Family provision; Scotland; Socio-legal studies; Testamentary intention
Subjects: M100 Law by area
M200 Law by Topic
Department: Faculties > Business and Law > Northumbria Law School
Related URLs:
Depositing User: John Coen
Date Deposited: 19 Jun 2020 12:39
Last Modified: 03 Dec 2020 16:49
URI: http://nrl.northumbria.ac.uk/id/eprint/43512

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