Arguments For And Against Testamentary Freedom

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State your arguments for and against allowing total testamentary freedom. What is testamentary freedom? The principle of testamentary freedom is a person free to dispose of his property by will in whatever manner he chooses. Testamentary freedom is a principle of the common law as it was a feature of the Roman law. It is closely related to the concept of freedom of contract. This testamentary freedom is restricted by the Inheritance (Provision for Family and Dependants) Act 1975, which allows members of a deceased person 's family to apply to the court for provision from his estate if his will does not adequately provide for them[]. In the case of Girard Will Case, had explained about the principle of testamentary freedom. It stated that, “ I cannot say that the testator’s choice of beneficiaries was better, what I can confirm is the testator absolute right to choose the beneficiaries without accountability to anyone, along with the right to change mind as long as the testator still had the capacity to execute a valid will.” Justice Cockburn in case of Banks v Goodfellow has clearly describe the testamentary freedom. It stated that : “Yet it is clear that the law give the owner of property absolute freedom in this ultimate disposal.” The English law leaves everything to the unfettered discretion of the testator to ensure there is a better disposition of the property of the dead, more accurately adjusted

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