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12 January 2012 / Daniel Curran
Issue: 7496 / Categories: Features , Wills & Probate , Family
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All present & correct?

Daniel Curran highlights the problems caused by incomplete heir research

Probate practitioners who have been unfortunate enough to experience a claim on an estate from an entitled person will know how much of a problem this can be, especially if the claim surfaces after distribution has already taken place. If no indemnity insurance policy was put in place prior to distribution the consequences could be calamitous.

Finders have found around 50% of cases referred to them with partial or incomplete research contain serious errors or omissions. Often it is more time-consuming and expensive to undo and re-do what has already been done (incorrectly) than it would have been to start from scratch.

The main causes of errors & claims

As time marches on we will no doubt see an increase of births to unmarried couples or single parent families which, from a research point of view, can be almost impossible to detect. The traditional methods of researching a family tree rely on the neat assumptions of marriage followed by children which

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
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A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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