The limits imposed on freedom of testation by fundamental values: Germany, England, and South Africa in comparative perspective

In many countries, freedom of testation features prominently as a basic principle of the law of succession. The limits imposed on freedom of testation in order to accommodate other persons’ rights and freedoms, as well as the basic needs and exigencies of the legal and social order differ in form and extent among the different legal systems. Solidarity with close family members, freedom, equality, and dignity are only a few of the fundamental values that can have a limiting effect on last wills. The talk will try to depict these limits on testamentary freedom from a comparative perspective, asking how the law opposes the wishes of the testator, and whether form and extent of such limitations differ remarkably between Germany, England, and South Africa. One of the key questions is whether the respective limits can be linked to national, historical, political, or socio-cultural aspects or whether they can be seen as a universal feature.

A sandwich lunch will be available from 12.30. The meeting will begin at 1pm.