| Once the maintenance needs have been met or no longer exist, freedom of testation becomes the determining factor. |
| In establishing freedom of testation, a prominent role was played by the church, which desired thereby to obtain funds for its activities, which included the bulk of medieval education, charity, and cultivation of the arts. |
| It is also efficient in avoiding probate, thereby serving as an easy-to-use substitute for the more cumbersome route of testation via a will. |
| The duty to support will limit a parent's freedom of testation and the liability of a parent's estate for support of a dependent child is established in our law. |
| In a primitive or archaic society in which property is owned by the kinship or neighbourhood group rather than by individuals, freedom of testation cannot exist. |
| The freedom to disinherit a child may be used to induce filial obedience, but freedom of testation also implies the freedom of making provision for charity. |
