Protection of Family against Testamentary Dispositions in English Law — Recent Case of Ilott v. Mitson: On the Road to a Regime of Forced Heirship?
Studies in Law: Research Papers, No. 1(18), 2016
12 Pages Posted: 4 Aug 2016
Date Written: July 21, 2016
The English Inheritance (Provision for Family and Dependents) Act 1975 is one of the legislative solutions that provides, based on the discretionary power of the judge, a possibility of interference of the court in the fate of the inheritance estate after the death of the testator. Recently, the English court has decided a case on the grounds of this Act. The judgement is controversial and bring England closer to the forced heirship rules of many European countries. The article discusses this judgement.
Keywords: Family Provision, Protection of People Close to the Deceased, Protection against Testamentary Dispositions, Forced Share, Legitimate
JEL Classification: K10, K11
Suggested Citation: Suggested Citation