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17 July 2008 / Tracey Angus , Katherine Mcquail , Beverly-ann Rogers
Issue: 7330 / Categories: Features , Mediation
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Life and reconciliation after death

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

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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