The cornerstone of the Australian law of succession to property is bas
ed on the idea of testamentary freedom. This freedom is restricted by
the Testator's Family Maintenance legislation, which gives the courts
a discretion to make provision for dependants if they are not provided
for in a will. This paper is based on court cases to examine how far
farm families in Australia were affected by this legislation. Did it i
nterfere with the patriarchal values of farming as a male activity and
sons inevitably inheriting the family farm? It appears that Testator'
s Family Maintenance legislation reinforced these values. Farm inherit
ance patterns are therefore less a consequence of legislation than of
parents utilizing a high degree of testamentary freedom consistent wit
h the farm family ideology and the perceived needs of their own situat
ion.