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10 March 2011 / Dan Godsall
Issue: 7456 / Categories: Features , Wills & Probate
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Falling short

When writing a will is not enough. Dan Godsall reports

According to the latest statistics from the Office for National Statistics, 492,207 people in England and Wales die each year. Of these, 295,324 or roughly 60% die intestate, prolonging the process of settling estates and adding further strain to the bereaved.

The laws of intestacy provide solicitors with the legal framework for the fair distribution of an intestate estate. However, the law can’t ensure that the final distribution of an estate accords with the wishes of the deceased. And there appears to be reasonable anecdotal evidence to suggest that honouring the last wishes of our loved ones is indeed an important consideration because it enables us to have “closure”.

The story of Guinness World Record-holder and international Memory Grandmaster, David Thomas, among whose prodigious achievements is recalling Pi to 22,500 digits, is not uncommon. In June 2010 David’s grandmother died intestate. He and his family were able to sort out her estate, but they still needed a will for his grandfather—with whom the family had

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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