header-logo header-logo

Life and reconciliation after death

17 July 2008 / Tracey Angus , Katherine Mcquail , Beverly-ann Rogers
Issue: 7330 / Categories: Features , Mediation
printer mail-detail

Mediation can help solve the tangles left behind after a death, say Beverly-Ann Rogers, Katherine McQuail and Tracey Angus

Many Chancery disputes involve a fight between the current partner of the deceased at the time of his or her death and the children of a former relationship as to how the estate should be split between them. Indeed, the reading of a will is a well-known catalyst for family schisms and even, it is said, psychological disorders.

The dispute typically rests on the perceived unsatisfactory consequences of intestacy or testamentary provisions, an ambiguity or error in the drafting of the deceased's will or the rights of family members to make a claim for a share or increased share of the estate under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975).

Ultimately such disputes are about the way in which money and assets should be shared out. However, the family history which attaches to the acquisition of the money—it was inherited from the children's other parent—and

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
back-to-top-scroll