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Exploring the Law of SuccessionStudies National, Historical and Comparative$
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Kenneth Reid and Marius de Waal

Print publication date: 2007

Print ISBN-13: 9780748632909

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748632909.001.0001

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Freedom of Testation and the Ageing Testator

Freedom of Testation and the Ageing Testator

(p.78) 5 Freedom of Testation and the Ageing Testator
Exploring the Law of Succession

J C Sonnekus

Edinburgh University Press

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

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