Freedom of testation

Freedom of testation is the power of a person to make a will and testament specifying whatever heirs they please. It is historically associated with English common law, and contrasted with forced heirship, where part or all of the estate is automatically inherited by the next of kin. Opponents of absolute freedom of testation have pointed to the possibility of a widow or orphan being left destitute while property of a spouse or parent is bequeathed to others. Some opponents of inheritance tax have characterized it as an abrogation of freedom of testation.

History

After the Norman conquest of England, the Church succeeded[when?] in allowing a person to leave part of his property to the church to fund its activities.

In the law of the Republic of Ireland, the Succession Act 1965 reduces freedom of testation by guaranteeing provision for the spouse and children of the deceased.[1][2]

References

  • Nussbaum, Arthur (March 1937). "Liberty of Testation". American Bar Association Journal. 23 (3): 183–186. JSTOR 25712364.
  1. ^ "Succession Act, 1965". Irish Statute Book. Retrieved 23 August 2016.
  2. ^ Callely, Ivor (17 May 2005). "Registration of Wills". Seanad Éireann debates. Retrieved 23 August 2016.


Stub icon

This law-related article is a stub. You can help Wikipedia by adding missing information.

Content Disclaimer

Informasi ini disarikan dari Wikipedia dan disajikan kembali untuk tujuan edukasi. Konten tersedia di bawah lisensi CC BY-SA 3.0. Kami tidak bertanggung jawab atas ketidakakuratan data yang bersumber dari kontribusi publik tersebut.

  1. The information displayed on this website is sourced in part or in whole from Wikipedia and has been adapted for the purpose of restating it. We strive to provide accurate and relevant information, however:
  2. There is no guarantee of absolute accuracy. Wikipedia is an open, collaborative project that can be edited by anyone, so information is subject to change.
  3. It is not intended to constitute professional advice. The content displayed is for informational and educational purposes only. For important decisions (e.g., medical, legal, or financial), please consult a professional.
  4. Content copyright. Wikipedia is licensed under the Creative Commons Attribution-ShareAlike License (CC BY-SA). This means that content may be reused with appropriate attribution and shared under a similar license.
  5. Responsible use. Any risk arising from the use of information from this website is entirely the responsibility of the user.