A testator 

may discriminate against descendants unknown to him or her on the grounds

of gender because a will does not involve the public sphere.

A court 

may not refuse to enforce discriminatory testamentary provisions because

that will amount to an arbitrary deprivation of freedom of testation.

Discrimination by a testator against descendants purely on the grounds of gender can never accord with public policy.

Freedom of testation is not protected by the Constitution because it does not

accord with public policy.