Category: intestacy

Does the law on predatory marriage need to change? – Family Law

Posted January 10th, 2022 in consent, elderly, fraud, intestacy, marriage, news, wills by tracey

‘In recent years there have been calls for a change in the law to protect vulnerable adults from falling victim to what has become known as “predatory marriage”. This is due to a rise in cases where fraudsters have married vulnerable and often elderly individuals, without the knowledge of their loved ones, and are then able to access the new spouse’s lifetime savings and inherit their entire estate under the intestacy rules, as marriage automatically revokes any previous Will a person may have made.’

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Family Law, 7th January 2022

Source: www.familylaw.co.uk

Does the law on predatory marriage need to change? – Family Law

Posted November 8th, 2021 in consent, families, forced marriages, fraud, intestacy, marriage, news, wills by tracey

‘In recent years there have been calls for a change in the law to protect vulnerable adults from falling victim to what has become known as “predatory marriage”. This is due to a rise in cases where fraudsters have married vulnerable and often elderly individuals, without the knowledge of their loved ones, and are then able to access the new spouse’s lifetime savings and inherit their entire estate under the intestacy rules, as marriage automatically revokes any previous Will a person may have made.’

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Family Law, 5th November 2021

Source: www.familylaw.co.uk

Why victims can sometimes inherit from their abusers- even if they kill them – OUP Blog

Posted July 6th, 2020 in appeals, domestic violence, families, forfeiture, homicide, intestacy, murder, news, unlawful killing, victims, wills by sally

‘It is a basic rule of English law that a person who kills someone should not inherit from their victim. The justification behind the rule, known as the forfeiture rule, is that a person should not benefit from their crimes and therefore forfeits entitlement. Many other jurisdictions have the same basic rule for fundamental reasons of public policy, including the need to avoid incentivising homicide. Importantly, however, Parliament passed the Forfeiture Act 1982 to give courts in England and Wales discretion to modify the application of the rule in certain cases, so that some people could inherit from those they had killed after all. Such modification is also possible in some other jurisdictions: It allows judges to consider individual circumstances where the blanket application of a forfeiture rule would cause injustice.’

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OUP Blog, 3rd July 2020

Source: blog.oup.com

Battle between stepsisters in ‘who died first’ dispute comes to an end – Family Law

Posted September 9th, 2019 in bereavement, families, financial dispute resolution, intestacy, news, wills by tracey

‘The “Commorientes Rule” is (meaning “simultaneous deaths”) found in Section 184 of the Law of Property Act 1925. This rule states that if two or more people die in circumstances where it is not possible to determine who died first, the younger is deemed to survive the elder.’

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Family Law, 6th September 2019

Source: www.familylaw.co.uk

The rise of ‘predatory marriages’ – Family Law

Posted March 29th, 2019 in bereavement, consent, elderly, families, intestacy, marriage, mental health, news, wills by tracey

‘Ethan Axelrod and Hayley Trim of Irwin Mitchell look at how vulnerable parents and a legal loophole are being exploited to rob families of their inheritance.’

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Family Law, 29th March 2019

Source: www.familylaw.co.uk

Capacity on the cobbles, Coronation Street’s inheritance dispute storyline – Family Law

Posted August 9th, 2018 in gifts, intestacy, mental health, news, wills by tracey

‘As Coronation Street fans will know, Aidan Connor (played by Shayne Ward) tragically committed suicide earlier this year. Following his death, his family were shocked to discover that he left his share of his business, Underworld, to his friend and former business partner Alya Nazir. Aidan’s half-sister, Carla Connor, was particularly outraged by this. She had gifted her interest in the business to Aidan earlier in the year, after he had made his will but before his death. Carla and family consulted a local solicitor, Adam Barlow, who suggested that they could challenge the will on the grounds that Aidan lacked capacity due to depression.’

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Family Law, 8th August 2018

Source: www.familylaw.co.uk

Cohabitees’ inheritance rights – courts will decide each case on its facts – Family Law

Posted May 4th, 2018 in cohabitation, intestacy, news, Supreme Court by tracey

‘Private Client analysis: In Thompson v Ragget and others [2018] EWHC 688 (Ch), [2018] All ER (D) 18 (Apr), the claimant claimed reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 out of the estate of her late partner, who had left her nothing. Paul King, CEO and head of legal practice, and Jen Wiss-Carline, chartered legal executive at April King Legal, comment on the case.’

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Family Law, 3rd May 2018

Source: www.familylaw.co.uk

Who Knows Where the Time Goes? The Recent Decision on Limitation and Contingent Loss in Osborne v. Follett Stock [2017] EWHC 1811 – 4 New Square

Posted August 23rd, 2017 in economic loss, intestacy, judgments, law firms, limitations, limited liability partnerships, negligence, news, time limits, wills by sally

‘On Thursday 13 July 2017, following the trial of a preliminary issue of limitation, HH Judge Paul Matthews handed down judgment in Osborne v. (1) Follett Stock (a firm); (2) Follett Stock LLP.’

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4 New Square, 19th July 2017

Source: www.4newsquare.com

The cost of dying with an outdated will is ‘£9,700’ – Daily Telegraph

Posted October 23rd, 2014 in costs, fees, intestacy, news, wills by sally

‘Research suggests that a combined £175 million in assets is lost each year to bereaved families if a relative dies intestate or with an outdated will.’

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Daily Telegraph, 22nd October 2014

Source: www.telegraph.co.uk

Will it be enough? – Zenith Chambers

Posted October 15th, 2014 in families, intestacy, married persons, news, trusts, wills by sally

‘The 1st October 2014 sees the implementation of long awaited changes to the way in which intestacy and claims for reasonable financial provision are approached. The Inheritance and Trustees’ Powers Act 2014 is the result of a six year Law Commission review of the intestacy rules and claims for reasonable financial provision. The review was prompted by research that suggested 58% of the adult population does not have a will and the intestacy rules did not properly provide for modern relationships.’

Full story (PDF)

Zenith Chambers, 1st October 2014

Source: www.zenithchambers.co.uk

Save the date! – New Square Chambers

Posted October 15th, 2014 in families, intestacy, married persons, news, trusts, wills by sally

‘‘Save the Date!’ The Inheritance and Trustees’ Powers Act 2014 comes into force on 1 October 2014. Alexander Learmonth summarises the important changes being brought in by the new Act.’

Full story (PDF)

New Square Chambers, October 2014

Source: www.newsquarechambers.co.uk

The costs of rectification – Law Society’s Gazette

Posted October 6th, 2014 in appeals, costs, drafting, intestacy, negligence, news, rectification, solicitors, Supreme Court, wills by sally

‘This case continues to generate interesting discussion in the Supreme Court – this time on the issue of costs.’

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Law Society’s Gazette, 6th October 2014

Source: www.lawgazette.co.uk

Inheritance law changes come into force – BBC News

Posted October 1st, 2014 in children, families, intestacy, legislation, married persons, news, wills by tracey

‘Changes to the rights of people whose spouses or civil partners die without making a will have come into force.’

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BBC News, 1st October 2014

Source: www.bbc.co.uk

Intestacy Now: What you need to know about the Inheritance and Trustees’ Powers Act 2014 – Barristers’ Hub

Posted September 30th, 2014 in intestacy, news, trusts by tracey

It doesn’t take a legal qualification to realise that the Administration of Estates Act 1925 was outdated. A statute which starts the list of a widow’s inheritance entitlement with “carriages, horses, stable furniture and effects” is not at home in a world where last year’s iPhone is considered an antique. Fortunately, from 1st October 2014, the somewhat antediluvian “rules of intestacy” are getting a makeover in the form of The Inheritance and Trustees’ Powers Act 2014, which brings the 1925 Act into the 21st century.’

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Barristers Hub, 29th September 2014

Source: www.barristershub.co.uk

Intestacy and Family Provision Claims on Death – Law Commission

Posted March 22nd, 2013 in intestacy, Law Commission, news, reports, trusts by sally

“Government has accepted, in part, the recommendations we made in our report Intestacy and Family Provision Claims on Death.”

Intestacy and Family Provision Claims on Death

Law Commission, 21st March 2013

Source: www.lawcommission.justice.gov.uk

Unmarried couples ‘should have equal inheritance rights’ – The Guardian

Posted December 15th, 2011 in bills, cohabitation, intestacy, Law Commission, news, reports by sally

“Unmarried couples who have lived together for five years or more should be able to inherit from each other without writing a will, the Law Commission has recommended.”

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The Guardian, 14th December 2011

Source: www.guardian.co.uk

Intestacy and Family Provision Claims on Death – Law Commission

Posted December 14th, 2011 in families, intestacy, news, wills by sally

“The Law Commission is making recommendations today to bring inheritance law into line with the needs and expectations of modern families, and simplify the law to help the bereaved deal with the property of a deceased family member.”

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Law Commission, 14th December 2011

Source: www.justice.gov.uk

Unmarried couples should have inheritance rights, say law advisers – Daily Telegraph

Posted December 14th, 2011 in cohabitation, equality, families, intestacy, news, wills by sally

“Unmarried couples who live together for five years will automatically take their partner’s entire estate if they die without a will, under proposals from the Government’s law advisers.”

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Daily Telegraph, 14th December 2011

Source: www.telegraph.co.uk

Wright and another v Gater and another – WLR Daily

Posted November 9th, 2011 in children, executors, intestacy, law reports, trusts by tracey

Wright and another v Gater and another; [2011] EWHC 2881 (Ch);  [2011] WLR (D)  318

“The court should not in principle regard the postponement of the vesting of an estate as ‘beneficial’.”

WLR Daily,7th November 2011

Source: www.iclr.co.uk

Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 – legislation.gov.uk

Posted July 14th, 2011 in forfeiture, intestacy, legislation, succession, wills by tracey

Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 published

Full text of Act

Source: www.legislation.gov.uk