Wednesday, May 28, 2014
Gillian Douglas (Cardiff University) recently published an article entitled, Family Provision and Family Practices – The Discretionary Regime of the Inheritance Act of England and Wales, Oñati Socio-Legal Series, Vol. 4, No. 2, 2014. Provided below is the abstract from SSRN:
This paper examines the discretionary ‘family provision’ jurisdiction in England and Wales. It considers how the criteria governing eligibility to make a claim, and the principles and rationales underlying the exercise of the court’s powers, shed light on what we understand as ‘family’ relationships and the fluidity between family structure and family practices. It argues that the law can and does operate dynamically and responsively to determine which kinds of relationships and what qualities of emotional or supportive bonds, should be recognised as giving rise to a ‘sense of obligation’ to provide financial support after a death in the family.