header-logo header-logo

10 March 2011 / Dan Godsall
Issue: 7456 / Categories: Features , Wills & Probate
printer mail-detail

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

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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll