header-logo header-logo

19 November 2009 / Jonathan Herring
Issue: 7394 / Categories: Features , Wills & Probate
printer mail-detail

Heaven sent

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 law needs reform. Those interested in the detail of the

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