The Gazette 1983
GAZETTE
SEP T EM BER 1983
that short space of time a relatively large number of the Judges of the High Court have had to consider the application of Section 117, usually the younger and most recently appointed members of the Bench. The variety of Judges has produced a certain lack of consistency in the extent of the Court's interpretation of the section with the apparently liberal approach of earlier judgments being curtailed in subsequent cases. Nonetheless the importance of Section 117 has not diminished and much more use will be made of it in the future as awareness grows of its applications and as the reality of family relationships deviates increasingly from the legal norms. There has been no Supreme Court decision to date on Section 117. It is inevitable that there will be one in the next couple of years and that it will set the parameters to the interpretation of the Section. As it stands the Section has only limited use in providing justly for a Testator's children, but this can only be cured by the Legislators. Law Reformers seeking to reform the area of Divorce and Illegitimacy and the succession rights of illegitimate children could achieve much by having Section 117 amended. •
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