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Be prepared

16 February 2012 / Paul Grimwood
Issue: 7501 / Categories: Features , Wills & Probate
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Will-makers should put their affairs in order early, says Paul Grimwood

Last year’s television series Can’t take it with you, starring Sir Gerry Robinson, was compulsory viewing in my household. The premise of the series was that, if there was likely to be a dispute after someone’s death about the contents of their will then it was better to try to agree a “settlement”, usually involving the whole family, while the will-maker was still alive.

Of course, once the cameras had been packed up and the film makers had gone away, the will-maker was free to change their will, possibly making a new one in radically different terms. Alternatively, the good intentions of everyone concerned could have been thwarted by someone connected to the will-maker making an application under the Inheritance (Provision for Family & Dependants) Act 1975 (I(PFD)A 1975) after they have died.

Recognised applicants

The first hurdle for an applicant is to establish that they can bring themselves within one of the categories of “recognised applicants” under s 1 of I(PFD)A 1975

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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