header-logo header-logo

30 September 2016 / Kathryn Purkis , Kathryn Purkis
Issue: 7716 / Categories: Features , Wills & Probate
printer mail-detail

Forcing the issue

nlj_7716_purkis

Kathryn Purkis provides a comparative view of family provision in the British Isles

  • The different countries of the British Isles have varied approaches to mitigating capricious or unfair wills. Scotland and Jersey are thinking about the fairness and workability of their forced heirship arrangements, but neither has an appetite for throwing these away in favour of English-style statutory provision.

Some legal questions engender a single clear answer, others are more nuanced. What is the optimal arrangement for family provision when a will cuts out close kith and kin? This is a minority concern—because about two-thirds of people across the UK die intestate—but it is still important. The issue is currently being discussed in Jersey and Scotland, both of which have systems of forced heirship. There is limited appetite there to adopt the English solution.

Context

These days, many English and Welsh lawyers think of freedom of testation as a hallmark of a free and liberal society, and cannot imagine how things could be otherwise in their jurisdiction. But they used to be:

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll