| They do agree that the courts can override the power of testation but on what basis should they approach it. |
| The principle of freedom of testation leaves a person free to choose who should benefit from the estate, and there is nothing to prevent him bequeathing everything to charity. |
| 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. |
| Once the maintenance needs have been met or no longer exist, freedom of testation becomes the determining factor. |
| Perhaps the English system comes closer to seeing freedom of testation as a fundamental right. |
| 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. |
