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  

Mariusz Załucki

Andrzej Frycz Modrzewski Kracow University

Date Written: July 21, 2016

Abstract

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

Załucki, Mariusz, Protection of Family against Testamentary Dispositions in English Law — Recent Case of Ilott v. Mitson: On the Road to a Regime of Forced Heirship? (July 21, 2016). Studies in Law: Research Papers, No. 1(18), 2016. Available at SSRN: https://ssrn.com/abstract=2812695 or http://dx.doi.org/10.2139/ssrn.2812695

Mariusz Załucki (Contact Author)

Andrzej Frycz Modrzewski Kracow University ( email )

ul. Gustawa Herlinga Grudzińskiego 1
Kraków, 30-705
Poland

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