LAWS4236 Lecture Notes - Lecture 1: Lexisnexis, Testator, Logical Possibility
Document Summary
Required reading: croucher & vines, succession: families, property and death (4th ed), 1. 1, 1. 25 . 1. 48 (nb - you are encouraged to read the whole of chapter 1 but the first lecture will focus on the material discussed in the paragraphs listed. : testamentary freedom versus forced succession. Legal system committed to individual property rights people do(cid:374)(cid:859)t li(cid:448)e fore(cid:448)er need rules for (cid:449)he(cid:374) the holders(cid:859) of those rights die. Governs the transmission of property rights from one holder to other persons. 1. Succession law = attempt to balance testamentary freedom of the individual and the recognition of the rights or claims of the family members, dependants and friends for whom the testator might be expected to provide. 2. Many of the advantages of gaining private property would be lost if those private rights were not to extend to a right to transmit that property on death. 3. Refers to (cid:449)hate(cid:448)er rules e(cid:454)ist for that purpose.
