ABSTRACT

Although it is the prerogative of every testator to make a will in which he disposes of his property as he wishes, English law no longer permits complete testamentary freedom. Such freedom was first curtailed by Inheritance (Family Provision) Act 1938 which has now been superseded by Inheritance (Provision for Family and Dependants) Act (or I(PFD)A 1975) as amended by Law Reform Succession Act (1995). The I(PFD)A enables close relatives and dependants of a deceased person to apply to the court for reasonable financial provision (rfp) out of the deceased’s estate whether he left a will or died wholly or partially intestate. We shall refer to an applicant under the Act as A and to the deceased as D.