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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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