The Inheritance (Family Provision) Act 1938 (the Inheritance Act) allowed surviving spouses and qualifying children to apply to court for a discretionary payment out of an estate where they had not been left enough in the deceased’s will to ensure their proper maintenance. It introduced the family provision rule into English law, a rule that remains today in the Inheritance (Provision for Family and Dependants) Act 1975, which greatly broadened its scope. Although its proponents emphatically said it was not a ‘women’s Bill’, the Inheritance Act had a particular impact on widows and their financial security, earning its place as a women’s legal landmark.
The full version of this landmark is written by Richard Hedlund.