Vinny Kennedy, ‘Not the beginning of the end: the tension between pure testamentary freedom and self-imposed moral restrictions, a case for formalising limitation’

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.

€ (Westlaw)

Vinny Kennedy, ‘Not the beginning of the end: the tension between pure testamentary freedom and self-imposed moral restrictions, a case for formalising limitations’ [2020] 3 Conveyancer 214-229.

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