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Please use this identifier to cite or link to this item: http://hdl.handle.net/123456789/4746

Title: To 'Will Or Not To 'Will'
Authors: Manu, J.K.
Keywords: Testate
Intestate
Conscience
Testatment
Freedom
Reasonable
Issue Date: Feb-1998
Publisher: Journal of Science and Technology
Citation: Journal of Science and Technology,Vol 18, No.1
Abstract: Law can be,and indeed sometimes is used,as as instrument of social engineering.Societal ideas which are seriously in arrears of socio-economic dynamics can be legislated away whether successfully or not is another issue.Such a step becomes even more compelling and pertinent when society itself articulates certain values and demands which are at variance with exisiting ideas. It is in this vein that polygamy was legislated away in China in 1950.However there is a danger in making legislation which is far ahead of societal ideas,values and norms.An antiquarian legislation has as much problem as utoplan legislation. This is the crux of the problem. This issue in legislation is how much of it is enough i.e how to hold the balance between what the society needs and what the legislator thinks society needs.It is the aim of this article to examine the trend of legislation relation to testate and intestate succession in Ghana with a view to exposing the aspiration,dangers and or loopholes in such legislation. In this article the writer seeks to examine the legislation in-roads into both testate and intestate succession and more particularly,judicial in-roads which appear to impinge upon the concept of testamentary freedom.The issue which the writer seeks to open up for discussion is whether or not there is any need to make a will,in view of the factors that determine the final effect of a will.
Description: Journal of Science and Technology,Vol 18,No.1,February 1998
URI: http://hdl.handle.net/123456789/4746
Appears in Collections:Journal of Science and Technology 1988 -1999

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