The English family provision: a paradigm of flexible restraints on freedom of testation

Abstract

These are uncertainty times for forced shares in continental systems, and a large sector among scholars begins to be critical with such wide restrictions. In this context, it is convenient to look at the country that is the cradle of freedom of testation and explore the way to increase the availability of the deceased without neglecting their relatives. In order to contribute to the debate is offered an incursion into the legal regime of the family provision as a paradigm of flexible restrictions to the testamentary freedom.