In Wilkinson v Crawford 2021 (4) SA 323 (CC) it was held that:

Question

In  Wilkinson v Crawford  2021 (4) SA 323 (CC) it was held that:

Answer

A testator may not arbitrarily decide to exclude some of his or her children from inheriting property.

Answer

Freedom of testation is central to testate succession and cannot be limited by public policy.

Answer

Words in a trust deed that excluded adopted children are against public policy and unenforceable.

Answer

Private trusts are subject to lesser scrutiny than public ones; therefore, private trusts are allowed to include discriminatory provisions.

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