1. Paper should take a socio-legal / approach not a mere essay.
2. Examine History on Freedom of testation
Paper should reflect discussion on the inheritance (provision for family and Dependants) Act 1975
– Role New Zealand Act played in the role in which UK operate
– Policy behind the various pieces of family provision legislations
– Judicial Discretion
– How did we get here today?
– Traced back to 1187. Bring in a piece of history
– Are fixed rights gone out the window
– 19th century progress
– John Stewart Mills work -his work premates of testation freedom?
– consider the work of Meryl Thomas in the area of the topic very very important
– include current reform to law in the area
Paper should reflect in the critique arguments for and against testamentary freedom / problems and good aspect
Does freedom of testation protect/curtail family unit? Is it going against the concept of individualism?
QUESTION:
‘Nearly all modern legal systems recognise the necessity to restrict testamentary freedom in order to provide some safeguards for the rights of succession of a spouse and issue.’
Critically discuss the above, with reference to the merits of a system of discretionary provision (for example, England and a fixed rights of inheritance system for example, Jersey