Abstract
This paper discusses recent decisions where the provisions of a will were successfully challenged, on the basis that inadequate provision had been made for family members of the deceased. It argues that courts have become too willing to interfere on the choices made by a testator/testatrix, and that the law needs to re-establish the exceptional nature of the power to interfere in the expressed wishes of the owner of property.
Original language | English |
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Pages (from-to) | 750-768 |
Number of pages | 19 |
Journal | Australian Law Journal |
Volume | 91 |
Publication status | Published - 1 Sept 2017 |
Externally published | Yes |