Oxford University Press's
Academic Insights for the Thinking World

  • Author: Brian Sloan

Testamentary freedom vs claims by family members

Should a person be free to dispose of property as she wishes on death, or be forced to leave it to certain family members? This is one of the most fundamental questions in succession law. Some (particularly continental European) jurisdictions allocate compulsory portions to certain family members, irrespective of any will.

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