Abstract/Summary

This is the second of a series of three linked articles examining the operation of dispensing powers in other common law jurisdictions. In the previous article (published in Private Client Business Issue 6 of 2018) the different legislative provisions in Australia, New Zealand, the United States (under the Uniform Probate Code) and South Africa were set out, and the type of testamentary intention that they required was analysed. This article focuses on the second key question for the operation of dispensing powers, namely how this testamentary intention is to be proved?