Last Will and Testament

In what could turn out to be a landmark decision, it has been ruled by the courts that a Mrs Llott is awarded £164,000 inheritance - a third of her estranged mothers estate - dispite being cut out of her Will.

The story that the BBC covers in full - details how at aged 17, Heather Llott eloped with her future husband and from this moment onward the relationship between her and her mother - Mrs Jackson had soured.

Whilst Mrs Jackson had made it clear in her will that she wanted no element of her estate to be passed to her estranged daughter and had instead instructed it to be passed to three different charitable organisations - Lady Justice Arden said the mother had been ‘unreasonable, capricious and harsh’ and it was noted by the court that no ‘reasonable provision’ had been made for Heather.

Clive Coleman - a BBC legal affairs correspondent gave the following analysis:

Experts say the ruling means you can still disinherit your children but you’ll have to explain why and what connects you to those you do leave the money to.

That’ll make it easier for adult ‘disinherited’ children to challenge wills and claim greater sums by way of reasonable provision.

Aside from the results of this hearing, there are many essential reasons why you should make a Will:

- Unmarried partners cannot inherit from each other unless there is a Will.

- If you have children under the age of 18 you need to make arrangements for guardianship in the event one or both parents die.

- You may be able to reduce the amount of tax payable on the inheritance for your loved ones.

- If you die without making a valid Will, then the Law decides on the allocation of your assets; it may all be left to the Crown!

We have a specialist consultant, Lynn Wheeldon, who will be happy to assist you in the drawing up of a Will or any probate or Trust matter.

You can email Lynn or telephone to the numbers below.

Central Cardiff – 029 2039 5888
Cowbridge – 01446 77 41 51

Adoptions in Wales on the increase

The National Adoption Service has released a report which shows an increase of both the number of children placed for adoption in Wales and also the number of approved adopters.  Another promising sign is that the length of time it takes for children to be placed with an adoptive family is now at 16.5 months - previously this had been 26 months.

Speaking of what the service has achieved so far, the director of operations - Suzanne Griffiths said ‘’I’m very pleased with what the service has achieved so far; in particular we can see more children being placed more quickly and more adopters approved’’

Alongside this, the launch of the National Adoption Service saw the additional introduction of a Welsh adoption register operated by the British Association for Adopting and Fostering.  Helping match adopters and children that may not be in the same region, this new register ‘helped to facilitate the process for 41 of the 386 children matched to date.’

Hopkins Law specialise in child law, understanding the sensitivity and expertise required when dealing with the interests of matters relating to children - please email me here if you have any questions. 

To read more on the report findings in Community Care please click here

Departure from equality?

An interesting story in The Telegraph this week speaks of a landmark case where it was concluded that one family’s entire fortune of £550,000 should go to the wife.

Essa Aly had, in 2011 left his wife and moved abroad.  Out of the system of the Child Support Agency and British courts, it was noted that he had not paid anything towards maintenance or child support since 2012.  Lady Justice Macur saying of Mr Aly that he had shown himself to be ‘unwilling to provide any support’.

Explaining the decision Lord Justice McFarlane said ‘there was no realistic expectation of getting further maintenance out of the husband…and…'to give first consideration to the welfare of the two children’.  It was therefore upheld ‘that he had awarded her a far more substantial lump sum than would otherwise have been the case if equality was the only yard stick.’

To read the full story on The Telegraph website click here.

Do remember we are here to help with all matters concerning divorce - you can get in touch with me with any kind of query.

GPS tracking devices for domestic abusers?

An interesting pilot scheme is about to be launched where violent partners convicted of domestic abuse are to be fitted with GPS tracking devices to alert their victims when they are nearby.

The scheme will warn people worried about running into an ex-partner when they are in close proximity, allowing them to avoid confrontation, but it will also serve as a deterrent to those abusers unable to control their behaviour when face to face with a former partner.

The scheme is being piloted by Northumbria Police and is voluntary at the moment, but if successful it could be rolled out across other forces and could even be offered as part of a defendant’s bail conditions.

Anything that helps victims of domestic abuse feel more safe is a positive step forward.  It will be interesting to see how this scheme works out.

In the meantime if you are worried about any aspect of domestic abuse or maybe even worried about a friend, contact me or Sally Fitzherbert or ring us on 029 2039 5888 to have a chat.

To read the full article on this story click here: