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10 March 2011 / Dan Godsall
Issue: 7456 / Categories: Features , Wills & Probate
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Falling short

When writing a will is not enough. Dan Godsall reports

According to the latest statistics from the Office for National Statistics, 492,207 people in England and Wales die each year. Of these, 295,324 or roughly 60% die intestate, prolonging the process of settling estates and adding further strain to the bereaved.

The laws of intestacy provide solicitors with the legal framework for the fair distribution of an intestate estate. However, the law can’t ensure that the final distribution of an estate accords with the wishes of the deceased. And there appears to be reasonable anecdotal evidence to suggest that honouring the last wishes of our loved ones is indeed an important consideration because it enables us to have “closure”.

The story of Guinness World Record-holder and international Memory Grandmaster, David Thomas, among whose prodigious achievements is recalling Pi to 22,500 digits, is not uncommon. In June 2010 David’s grandmother died intestate. He and his family were able to sort out her estate, but they still needed a will for his grandfather—with whom the family had

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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