header-logo header-logo

16 February 2012 / Paul Grimwood
Issue: 7501 / Categories: Features , Wills & Probate
printer mail-detail

Be prepared

Will-makers should put their affairs in order early, says Paul Grimwood

Last year’s television series Can’t take it with you, starring Sir Gerry Robinson, was compulsory viewing in my household. The premise of the series was that, if there was likely to be a dispute after someone’s death about the contents of their will then it was better to try to agree a “settlement”, usually involving the whole family, while the will-maker was still alive.

Of course, once the cameras had been packed up and the film makers had gone away, the will-maker was free to change their will, possibly making a new one in radically different terms. Alternatively, the good intentions of everyone concerned could have been thwarted by someone connected to the will-maker making an application under the Inheritance (Provision for Family & Dependants) Act 1975 (I(PFD)A 1975) after they have died.

Recognised applicants

The first hurdle for an applicant is to establish that they can bring themselves within one of the categories of “recognised applicants” under s 1 of I(PFD)A 1975 (as amended). If they can then prove to the court

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll