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Keeping the peace at Christmas – top tips for shared parenting over the festive season
Lauren Evans
It has been widely reported in the press this week that British rock star Rick Parfitt, changed his will 5 days before he died on Christmas Eve to the exclusion of his current (third) wife with whom Rick had two young children. Rick also had two children with his first wife (one of whom predeceased him) and one child with his second wife. The Daily Mail reports that Rick’s estate is to be divided equally between his two adult children and his two minor children.
Many of us will recall the disappearance of 35 year old Claudia Lawrence when she was on her way to work at the University of York in 2009. Claudia has still not been found. Her father, however, has been championing a law which would allow a relative of a missing person to deal with their financial affairs. Named ‘Claudia’s Law’, the Bill has already been backed by MPs in the Commons and will shortly be going to a second reading.
Statistics indicate that in 2012 there were 252 contested Wills in the UK, and in 2015 the figure had reached 325. Disputed Wills are definitely on the increase. Wills can be contested for a number of reasons; lack of testamentary capacity, lack of valid execution, lack of knowledge and approval, and undue influence. Could the compulsory registration of Wills as they have in Dubai reduce the number of contested Will claims being made in the UK?
“Next of kin” is an emotive term; regularly used in the newspapers and a status worn by some as a badge of honour. But what does it actually mean? Nothing; it’s not a legal term.
Many modern trusts are fully discretionary. The trustees might be empowered to apply the trust assets “...for such one or more of the beneficiaries, in such shares, at such ages, and on such trusts as my trustees shall, in their absolute and uncontrolled discretion, decide".
Lauren Evans
Roberta Draper
Christopher Perrin
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