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Order Description

professor has thrown out the following ideas. They know it can’t all fit but it will give the writer an approach to take.

1. Paper should take a socio-legal / approach not a mere essay

2. Examine History on Freedom of testation
Paper should reflect discussion on the inheritance (provision for family and Dependants) Act 1975
– Role New Zealand Act played in the role in which UK operate
– Policy behind the various pieces of family provision legislations
– Judicial Discretion
– How did we get here today?
– Traced back to 1187. Bring in a piece of history
– Are fixed rights gone out the window
– 19th century progress
– John Stewart Mills work -his work premates of testation freedom?
– consider the work of Meryl Thomas in the area of the topic very very important

– include current reform to law in the area
Paper should reflect in the critique arguments for and against testamentary freedom / problems and good aspect
Does freedom of testation protect/curtail family unit? Is it going against the concept of individualism?

QUESTION

‘Nearly all modern legal systems recognise the necessity to restrict testamentary freedom in order to provide some safeguards for the rights of succession of a spouse and issue.’

Critically discuss the above, with reference to the merits of a system of discretionary provision (for example, England and a fixed rights of inheritance system for example, Jersey