Law of Succession Essay Example | Topics and Well Written Essays - 2500 words - 1

Law of Succession - Essay Example There are also those who assert that the children of an estate owner or a holder of property are deemed ‘inferior’ under the British law as compared to the children, aptly given definite rights on inheritance, in other economically advanced countries around Europe. Thus, there seems to be a prevailing concept that the existing statute is unsuccessful in protecting the interests of children of the deceased testator as the law fails to adequately bestow the aforesaid children sufficient protection under the current statute (Thomas 2006). However, in order for us to prove or disprove this contention, it is imperative that the statute itself be evaluated and current and previous cases, which invoke the particular law, be appropriately examined. First, the claim under the Inheritance (Provision for Family and Dependants) Act 1975 is a supplication of an individual to become a beneficiary or a greater beneficiary of the deceased estate holder as he failed to include the claimant in his will or his intestacy rules (Borkowski 2002). The claim under the 1975 Act can also be invoked if a petitioner believes that he should be bestowed greater benefit than is afforded for under the will. The chance of the claimant to contest what the will stipulates is one interesting innovation in the British law of inheritance. The Act provides that a child of the deceased or anybody ‘considered’ as a child of the family can petition for a claim. Moreover, the statute does not restrict its coverage only on the children of the deceased (Cretney 1997). The law grants a wide scope, which includes surviving spouses, ‘other applicants’, and mistresses of the deceased. The court then must consider ‘reasonable financial provision’ for the claimant depending on the applicant’s status. If the applicant is the spouse of the deceased, the court will determine financial provisions