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SIDNEY ROSS, Barrister, 11 Stone Buildings, Lincoln's Inn
The Law Commission is currently considering reform of the law of intestacy and family provision, and a consultation paper (CP 191) was published on 30 October 2009. Two of the provisional proposals are concerned with the law of family provision as it relates to claims by dependants and it is those provisional proposals which have prompted this article. In order to put those provisional proposals in context, it is necessary to revisit the Second Report on Family Property - Family Provision on Death which was published as Law Commission Report No 61 (1974) and the Working Paper (No 42 of 1971) which preceded it.
The Red Book is the acknowledged authority on practice and procedure