n South African Law Journal - Freedom of testation and the Bill of Rights : : note

Volume 124, Issue 4
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



2006 (4) SA 205 (C) is the first reported decision in which the age-old principle of freedom of testation has been challenged by relying on the protected freedoms and rights in the South African Bill of Rights. In what follows I examine and evaluate the judgment and consider some of the implications for trustees whose trusts include possibly discriminatory provisions.

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