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JULY 2014
Legal Expert Board
31
successful in achieving what is best for our clients in each scenario. We have trained mediators within our team which brings a skillset which is invaluable.
Have there been any recent legislative changes that have affected your practice area? Do you see any need for future legislative change?
I believe the law needs to be updated to allow those in modern family relationships to obtain financial provision in the same way that spouses are able to, so for example cohabitees having increased rights, especially if they are in a long term relationship. It will be interesting to see what changes will arise in respect of claims when The Inheritance and Trustees Powers Act 2014 comes into force in October of this year. The act is a log awaited attempt to modernise the intestacy rules and The Inheritance (Provision for Family and Dependents) Act 1975 to provide for more modern relationships extending to spouses, cohabitees and children of the family. When this comes into force this will inevitably result in more claims being brought against estates whilst allowing those who previously could not bring claims are able to satisfy their entitlements.
If you could make any legislative changes, what would they be and why?
I would like to see the Jackson reforms revised to enable individual clients to have access to CFA and ATE insurance options which they can recover from their opponent if they are successful with their case. This in my view allows greater access to justice.
Is there anything else you would like to add?
Will, Trust and Estate disputes is a niche area of law which has a propensity to affect an increasing number of individuals. It is suggested that there has been a 700% increase in associated claims within the last 5 years due, potentially, to a number of factors including the increase in second families, and, an ageing and more litigious population. At Irwin Mitchell we have developed a specialist department to deal with the increasing number of complex cases being actioned across the UK. Our lawyers have a reputation as experts in this field and of achieving the best possible outcome for our clients in every case. LM
Contact: Paula Myers
DDI: 0113 394 6832 Email: paula.myers@irwinmitchell.com Website: www.irwinmitchell.com