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12 January 2012 / Joel Wolchover
Issue: 7496 / Categories: Features , Wills & Probate
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Fair shares?

Proposed reforms to intestacy law reflect the reality of modern families, says Joel Wolchover

The Law Commission has recently completed a project to review the law of intestacy and family provision claims on death; and those of us working on the project have kept in mind the need to ensure that the law is clear and straightforward. But we have also attempted to develop reforms that reflect the reality of modern families and remove unnecessary or unduly technical obstacles in the way of bereaved family members and dependants with a claim to a share in the property of a person who has died.

Absence of a will

Practitioners will know that, no matter how much clients are encouraged to make a will, many will fail to do so and others make wills that do not include reasonable provision for close family and dependants. The distribution of property not included in a valid will is governed by the intestacy rules, which are largely contained in Pt IV of the Administration of Estates Act 1925. Whether

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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