Freedom of testation, one of the founding principles of South African law of succession, grants individuals the right to distribute their assets as they see fit, with very few limitations.

Another statutory limitation on one’s freedom of testation can be found in terms of Section 37C of the Pension Funds Act which provides that any death benefit payable by a pension, provident or ...

DEBATE ON THE RESOLUTION.; Speeches that Voiced the Senate De- testation of the Turks. Share full article Jan. 25, 1896 The New York Times Archives ...

Freedom of testation is in the public interest. You, as an individual, need to know that your wishes will be followed. In a Supreme Court of Appeal case, BoE Trust Limited and Another (2013 ...

The freedom of testation – i.e., to draw up a will and leave explicit instructions to whom and how one’s property will be bequeathed after one’s death – is a fundamental, irrevocable right ...

So, in theory, you do not actually need a will. However, in South Africa we also have freedom of testation. This allows us to overrule the intestate succession rules through the use of a will.

In South Africa, the legal principles applicable to a testamentary trust are to be found in the law of testation, unlike that of inter vivos trusts, which are to be found in the law of contracts ...

Freedom of testation, said Judge Jafta, was protected in law but it was not a licence for testators to act unlawfully. And if they did, the will would be invalid.