header-logo header-logo

12 January 2012 / Joel Wolchover
Issue: 7496 / Categories: Features , Wills & Probate
printer mail-detail

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

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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
back-to-top-scroll