Freedom of testation

The court’s discretion is not untrammelled, or to be exercised according to idiosyncratic notions of what is thought to be fair, or in such a way as to transgress, unnecessarily, upon the deceased’s freedom of testation … Freedom of testamentary disposition remains a prominent feature of the Australian legal system: Lajcarova & Anor v Todorov [2011] NSWSC 522 Hallen AsJ at 91.


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