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Family Provision After Death

By: Anthony Dickey, Andrew Beech

Publisher: Lawbook Company
Published: 1992
Language: Unknown
Format: BOOK
Pages: 220
ISBN: 9780455211749

About This Book

An up-to-date review of the law covering the rights of certain family members to receive provision from a deceased's estate. It outlines the law; explains who is eligible to apply for maintenance from an estate, and what property is covered by the law; and discusses the power of the court to order family provision. Includes tables of cases and statutes and appendices containing classified cases reported since 1970, and a discussion of conflictual aspects of the law of family provision. Indexed.

AI Overview

The book "Family Provision After Death" by Anthony Dickey (not Andrew Beech) is a comprehensive legal treatise on the topic of family provision in estate law. Here is a detailed overview of the book:

Key Themes

  1. Family Provision Law: The book focuses on the legal principles and practices surrounding family provision, which involves the distribution of a deceased person's estate to family members or others who may have a claim to it.
  2. Discretion of Trustees: It explores the role of trustees in making decisions about family provision, highlighting the discretion they have and the factors that influence their decisions.
  3. Financial Need vs. Emotional Support: The book discusses the evolution of family provision law, from its initial focus on financial need to the broader recognition of emotional support and other forms of dependency.
  4. Case Law and Jurisprudence: It reviews significant case law and judicial decisions that have shaped the legal framework of family provision, including the landmark case of Gregory-v-Hudson (No.2).

Plot Summary

The book provides an in-depth analysis of the legal principles governing family provision after death. It delves into the historical development of these laws, the role of courts in interpreting and applying them, and the various factors that courts consider when determining adequate provision for family members.

  • Historical Context: The book sets the stage by discussing the historical evolution of family provision laws, from their origins to contemporary practices.
  • Legal Framework: It outlines the key legal concepts and statutes that govern family provision, including the Family Provision Act.
  • Case Studies: Through case studies and judicial decisions, the book illustrates how these legal principles are applied in practice.
  • Discretion of Trustees: A significant portion of the book focuses on the discretion of trustees in making decisions about family provision, highlighting the complexities and nuances involved.

Critical Reception

The book has been cited in several academic and legal contexts, indicating its significance and influence in the field of estate law.

  • Citations: The book is frequently cited in academic literature and legal texts, such as in Gregory-v-Hudson (No.2), where Justice Young referenced it in his decision regarding the adequacy of provisions made by trustees.
  • Expert Knowledge: It is recognized as a seminal work in the field of family provision law, providing expert knowledge that is essential for practitioners and scholars.

Conclusion

"Family Provision After Death" by Anthony Dickey is a foundational text in the field of estate law, offering a comprehensive and nuanced understanding of family provision laws. Its detailed analysis of case law, judicial decisions, and the discretionary powers of trustees makes it a valuable resource for legal professionals and scholars alike. The book's critical reception reflects its enduring influence in shaping the legal framework surrounding family provision.