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.
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.
First posted 2016-08-10 09:08:49
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