John is a member of the will and trusts disputes team at BDB Pitmans and has a particular interest in claims brought against estates for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
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:
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
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