Provisions re Succession
The conclusions detailed below relate to the
proposals on succession only (a copy of the proposals are attached).
The conclusions were reached following a telephone conference
between:
Louise Sykes—Contentious Probate—Alison
Matthews—Compliance
Adam Draper—Contentious Probate—Gillian
Coverley—Trust & Probate
Chris Walton—Contentious Probate—Lisa
Shenton—Wills
Forfeiture
There is nothing in the proposal with which
we disagree.
The current position has the effect of penalising
a child for the act of his/her parent. In our view, it is appropriate
that the Law on Forfeiture should be amended to remove the impact
on the innocent child by treating the forfeiting parent as having
immediately predeceased the deceased.
The only incidence we can foresee whereby the
proposal may be subject to abuse/have a negative impact is in
the incidence of a parent killing with a knowledge and/or intention
that, although forfeiture would apply to them, their child would
benefit. We do not expect that this situation would occur with
any frequency.
Disclaimer
We neither fundamentally agree nor disagree
with the proposal because whilst the issue can be resolved by
a change in the law, equally the issue can simply be resolved
by way of a Deed of Variation/gift.
Death during minority, leaving children
We agree with the proposal.
Impact assessment
We agree with the impact assessment.
March 2010
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