Article Category: Estate Administration & Probate

Dangers of a home-made will

In English law there is no requirement to make a will and statistics show that one in three of the population die without one. What is not always revealed is how many people die with a home-made will, which is either completely invalid or is valid in some way but does not reflect the true wishes… Read more »

Appointing executors… Who has the last word?

An ‘executor’ is appointed in a will as the person who will administer the estate following death. There may simply be a sole executor or you could elect to have more. The executors will step into the shoes of the person who made the will and has passed away i.e. the ‘testator’ and assume control… Read more »

Who owns your body when you’re gone?

Some people don’t mind what happens to their body after their death but for others where, when and how they are buried or cremated is of great importance to them and their family. The recent case of Ibuna v Arroyo considered some difficulties arose over who had the right to decide the deceased’s funeral arrangements…. Read more »

Calls for missing persons “presumed dead” law to be reformed

The STEP Journal reports that the House of Commons has recommended that there should be a complete reform of the law surrounding what happens when a person is missing, presumed dead. Following a recent enquiry, the House of Commons reported that the law surrounding this area is so confusing that it is very difficult for… Read more »

Offender’s descendants no longer disqualified from inheriting

Prior to the 1st February 2012, if an individual had made the decision to give up their inheritance or was automatically disqualified from receiving the inheritance, this meant that the individual’s descendants were also unable to benefit from the legacy. The rule of forfeiture, which still applies, holds that an offender should not benefit from… Read more »