Freedom of Testation and the Ageing Testator

J C Sonnekus

in Exploring the Law of Succession

Published by Edinburgh University Press

Published in print October 2007 | ISBN: 9780748632909
Published online March 2012 | e-ISBN: 9780748651436 | DOI:
Freedom of Testation and the Ageing Testator

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This chapter explores the issues of freedom of testation and the age of testator in relation to the law of succession, discussing the factors associated with the capacity to execute a last will, including mental incapacity, centralised organisation of wills, and infirm or aged testators. It compares the relevant provisions of the South African and Roman-Dutch law and highlights some aspects of the strange handling of freedom of testation in modern law.

Keywords: freedom of testation; age of testator; law of succession; last will; mental incapacity; South African law; Roman-Dutch law; modern law

Chapter.  10542 words. 

Subjects: Comparative Law

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