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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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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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