ABSTRACT
The protection of the family in relation to succession on death cannot be considered in isolation from the system of matrimonial property applicable to the deceased. Formal agreements between prospective spouses made in contemplation of marriage to govern their property rights during marriage and, more particularly, on the termination of marriage by death or divorce, have traditionally been regarded as void in English law. In the absence of any agreement between the spouses, the rights obtained by a husband and wife in each other's property as a result of marriage will be determined by the law of the matrimonial domicile at least in relation to movable property. The application of the traditional rules of private international law which refer succession to movable property and immovable property to different systems of law inevitably means that there will be cases where a court exercising powers to order family provision will be unable to deal with the whole estate.
