Jonathan Herring reports on intestacy law reform
On downloading their copies of the law commission’s consultation paper on the law of intestacy, probate lawyers may be forgiven for thinking they have died and gone to heaven. Therein can be found a discussion of the law on hotchpotch; explanations of scission; and plenty of references to the dreaded bona vacantia.
Many a happy hour can spent pondering some of the most complex areas of intestacy law, content in the knowledge that you are one of the few people in the land who have the foggiest idea what they are on about.
But there is plenty of interest in the law commission paper for the general lawyer and even the informed lay person.
The report emphasises the desirability of preparing a will and the dangers that can arise on relying on intestacy. Despite many efforts the level of will-making is not as high as might be hoped for and therefore all too often the law on intestacy must be relied upon.
The law commission argues that the
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