Testamentary freedom is a hallmark of modern English succession law, allowing testators to freely choose whom to benefit and exclude from inheriting their estate by writing a will. However, in 1938 the UK Parliament introduced the Inheritance (Family Provision) Act, which introduced the so-called family provision rule, allowing close family members to apply to court for an award out of the estate, which the court can grant at its discretion. This rule was already in place in some of the Dominions, including Australia and New Zealand … (more)
First posted 2020-12-17 15:14:59
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