English law does not enable a family member to automatically receive a share of a person’s estate on their death. This is often referred to as “testamentary freedom” and was described in the 1860’s thus: “The English law leaves everything to the unfettered discretion of the testator …”. (Banks v Goodfellow (1869–70)). Some 45 years […]Read More
We all know about the fictional perennial case of Jarndyce v Jarndyce which is central to Bleak House by Charles Dickens. Over 160 years later the court lists are still routinely populated by long running family disputes. A recent example is the case involving Andrew Frejek and his brother, Stephen, and sister, Susan. These were […]Read More
It is a sad fact that the increase in unexpected deaths during the course of the last few months will almost inevitably lead to an increase in claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”). The purpose behind the 1975 Act is to enable specific categories of people to […]Read More
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