Succession: Cultural approaches to protection in succession law

BeFair Avocats | Trusts and Estates Law & Tax Journal | January/February 2023 #240
Dr Diane Le Grand de Belleroche compares the new French withholding rights with the Inheritance (Provision for Family and Dependants) Act 1975 While the new French withholding rights (‘prélèvement compensatoire‘) can, in some situations, benefit ‘each child, or his heirs or successors in title’, the Inheritance Act 1975 provides for more categories of applicants and …

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The 1975 Act: After Ilott

The Burnside Partnership | Trusts and Estates Law & Tax Journal | September 2021 #226
Tara McInnes reports on a recent decision in the county court that indicates an understanding approach towards an eligible claimant with little provision and financial need The judge was keen to point out that we still have a system of testamentary freedom. To enable the courts to interfere with such freedom, it needs to be …

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The 1975 Act: An inelegant scrap

Wright Hassall Solicitors | Trusts and Estates Law & Tax Journal | April 2021 #222
Laura Abbott describes a case for interim provision under the 1975 Act which has lessons for practitioners on costs Section 5 applications are not that commonly made. However, they may become more prevalent now given that interim payments on account of legal fees could avoid potential liability for uplift. Weisz v Weisz [2021], a claim …

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