header-logo header-logo

12 January 2012 / Daniel Curran
Issue: 7496 / Categories: Features , Wills & Probate , Family
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
back-to-top-scroll