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The right to inherit

11 December 2008 / Michael Tringham
Issue: 7349 / Categories: Features , Wills & Probate
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Where there’s a will, a quarrel’s on the way, says Michael Tringham

 

Will disputes have become the 21st century’s breach-ofpromise— creating work for lawyers and copy for journalists. One London fi rm has 10 partners dedicated to such tasks; provincial solicitors say their caseloads have tripled in the last decade.

Cases often bring grimy linen into the open. An Oxfordshire man’s will left his estate to the adult children from his marriage—but failed to mention the secret daughter from an adulterous affair for whom he had been paying maintenance. The court made an award to the half-sister; legal costs swallowed most of the money. Although bigger legacies are one factor—in 2007–2008 over 30,000 estates were worth more than £300,000—it’s not only the amount at stake that tempts litigants. Fragmented family structures— multiple marriages and cohabitations— mean that children from a fi rst marriage or long fi nished relationship can feel left out.

A central London head of trust and fi duciary disputes says: “Legal battles can be waged over anything from a few

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MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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