Inheritance (Provision for Family and Dependants) Act 1975

English law famously gives testators more or less complete freedom to dispose of their property in any way in which they think fit. Legally, the English testator is free to cut off family members with the proverbial shilling, or not mention them at all in the Will. For nearly 40 years, however, the provisions of the Inheritance (Provision for Family and Dependants) Act 1975 have in practice placed a limitation on a testator’s freedom to dispose of his estate as he pleases. Under the 1975 Act, the court may vary the dispositions of a deceased’s estate under his Will or the intestacy rules, on the application of a person for whom reasonable provision has not been made. Such applications must be made within six months of the grant of representation to the deceased’s estate. The court does have power to extend this time limit, but will often be reluctant to do so, as it happened in Berger v Berger [2013] EWCA Civ 1305.