Challenging Wills


Rachel Cronin


It can be a diffi- cult time when friends and fami- ly discover the contents of a deceased's will. Some countries by law insist that at least part of an estate is left to specific family members.


English law, as a rule, leaves the decision to the individual or in default, distributes an estate accord- ing to the intestacy rules. As long as a will maker has relevant mental capac- ity and was not forced into leaving assets against their wishes, the law will rarely interfere.


If you have doubts about the validity of a will, you can make enquiries of the firm which drafted it to help establish the circumstances in which the will was made. You would be advised to enter a caveat with the District Probate Registry to prevent probate of the will you may wish to challenge being granted.


In certain circumstances you may be able to challenge a will under the provisions of the Inheritance (Provision for Family and Dependants) Act 1975 if you can argue the will failed to make reasonable financial


“If you have doubts about the validity of a will, you can make enquiries of the firm which drafted it to help establish the circumstances in which the will was made. You would be advised to enter a caveat with the District Probate Registry to prevent probate of the will you may wish to challenge being granted.”


provision. Those who can apply are listed in the Act and include a spouse (or former spouse if unmarried), a child or person treated by the deceased as a child, a cohabitee if cohabiting for at least 2 years prior to the deceased's death and anyone who immediately before the deceased's death was maintained by them. If you think you may have a claim under the 1975 Act you have just 6 months from grant of probate to issue this type of claim.


I would recommend taking legal advice if you are concerned that there may be grounds to challenge a will.


Don't forget about First Aid and related issues


Miles Vartan


Whilst shopping in a well-known large supermarket recently, I over- heard a conversa- tion between a shelf-stacker and his supervisor. He had been moving cages of stock into and out of the


aisles and had badly cut his finger. His Supervisor, a trained first-aider had looked after him even though her first aid qualification had expired as had happened with the other two first aiders on-site.


The explanation was that the super- market management had cancelled the course because they did not want to incur the costs of replacement supervisors to allow the full-time staff to renew their qualifications. I would advise all companies to ensure that they meet their regulatory and legislative obligations. The courses which relate to first-aid provision are not expensive; especially when com- pared against the size of fines that may be incurred if you are found to be avoiding your responsibilities.


Reporting an Injury: News that might be perceived as good news by


The courses which relate to first-aid provision are not expensive; especially when compared against the size of fines that may be incurred if you are found to be avoiding your responsibilities.


employers came into force from the 6th April 2012. The time by when a serious accident, injury or incident needs to be reported has increased from over three days' to over seven days' incapacitation* (not counting the day on which the accident hap- pened).


*Incapacitation means that the work- er is absent or is unable to do work that they would reasonably be expected to do as part of their normal work.


Employers and others with responsi- bilities under RIDDOR must still keep a record of all over-three day-injuries - if the employer has to keep an acci- dent book, then this record will be enough.


The deadline by which the over- seven-day injury must be reported to the H&SE has also increased to fif- teen days from the day of the acci- dent.


For information on how to reduce accidents, how to look after your staff and how to get them trained in providing First Aid cover contact Miles Vartan - details see below...


Please mention the Flyer when responding to advertisements. www.flyeronline.co.uk


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