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
Tuesday, 28 July 2015
Tuesday, 21 July 2015
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
Tuesday, 14 July 2015
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.
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.
Sunday, 5 July 2015
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:
Monday, 29 June 2015
Record number of prosecutions against women and girls
A BBC article this week reports that a record number of people have been prosecuted for offences categorised as 'violence against women and girls', figures for England and Wales show.
A Crown Prosecution Service (CPS) report showed more than 107,000 such prosecutions in the year to April, up 16,000 (18%) on the previous year.
The figures are for crimes 'primarily' against women, but male victims are also included.
The statistics include cases of rape, domestic violence and 'honour' crime.
There is no specific offence of honour-based violence, but it is used by the CPS to describe offences including domestic and sexual violence within families or social groups to 'protect perceived cultural and religious beliefs and/or honour'.
More prosecutions and more convictions are chiefly, it appears, a result of more victims having the confidence to come forward.
It is felt that the increase in the figures may partly be due to the growing use of the internet, which acts as an enabler of crime. In the report, prosecutors said a common theme was the use of the internet to contact potential victims and post indecent images and messages. The 'plus' side of this sinister new phenomenon is that online activity leaves digital traces which can be used by police as evidence.
Nevertheless, the CPS is revising some of its guidance so that prosecutors make the best use of the law to tackle cyber-facilitated abuse and violence.
They'll be reminded, for example, that restraining orders, which are used to prevent victims being harassed in the real world, can also be applied online to stop offenders posting or replying to messages to their victims.
Polly Neate, chief executive of Women's Aid, said the figures showed 'significant progress' had been made in taking domestic violence cases to court.
"This progress must continue until we have a system where women who experience domestic violence have exactly the same level of confidence as victims of other crimes, that they are heard and believed, the system works for them and protects their human right to live free from violence," she said.
At Hopkins Law we have a very experienced team in the field of violence against women. If you are a victim, or know someone who is, please contact us for help. You can phone us on 029 2039 5888 or email Sally or myself.
A Crown Prosecution Service (CPS) report showed more than 107,000 such prosecutions in the year to April, up 16,000 (18%) on the previous year.
The figures are for crimes 'primarily' against women, but male victims are also included.
The statistics include cases of rape, domestic violence and 'honour' crime.
There is no specific offence of honour-based violence, but it is used by the CPS to describe offences including domestic and sexual violence within families or social groups to 'protect perceived cultural and religious beliefs and/or honour'.
More prosecutions and more convictions are chiefly, it appears, a result of more victims having the confidence to come forward.
It is felt that the increase in the figures may partly be due to the growing use of the internet, which acts as an enabler of crime. In the report, prosecutors said a common theme was the use of the internet to contact potential victims and post indecent images and messages. The 'plus' side of this sinister new phenomenon is that online activity leaves digital traces which can be used by police as evidence.
Nevertheless, the CPS is revising some of its guidance so that prosecutors make the best use of the law to tackle cyber-facilitated abuse and violence.
They'll be reminded, for example, that restraining orders, which are used to prevent victims being harassed in the real world, can also be applied online to stop offenders posting or replying to messages to their victims.
Polly Neate, chief executive of Women's Aid, said the figures showed 'significant progress' had been made in taking domestic violence cases to court.
"This progress must continue until we have a system where women who experience domestic violence have exactly the same level of confidence as victims of other crimes, that they are heard and believed, the system works for them and protects their human right to live free from violence," she said.
At Hopkins Law we have a very experienced team in the field of violence against women. If you are a victim, or know someone who is, please contact us for help. You can phone us on 029 2039 5888 or email Sally or myself.
Monday, 22 June 2015
Court rules that mother can’t use her dead daughter’s eggs
The High Court in London has ruled that a mother cannot use her dead daughter’s frozen eggs because the paperwork was incomplete.
The daughter, named only as ‘A’ in the court case, had her eggs frozen after being diagnosed with bowel cancer at the age of 23. Her parents say that she had spoken with them about the eggs being used after her death, saying ‘I didn’t go through IVF to save my eggs for nothing’.
Although the daughter consented for her eggs to be stored for use after her death, she did not fill in a separate form outlining how she wished them to be used.
When the mother then sought to retrieve the eggs to seek fertility treatment in the US, the Human Fertilisation and Embryology Authority (HFEA) decided there was insufficient evidence to show the daughter wanted her parents to use the eggs in this way.
The Judge in the case said he was ‘conscious of the additional distress which this will bring to the claimants”.
However, the HFEA said there was no clear evidence A had expressed the wish for her mother to carry her child in the event of her death, saying … ‘the court should be very reluctant to assume that, because this is the proposed course the claimants want, it must inherently follow that it was also what the daughter wanted, in the absence of clear evidence to that effect.’
The mother and her husband could take their case to the Court of Appeal.
This very unhappy situation highlights the importance of instructing professionals - however clear a case you think you may have, it is always, always best to seek legal advice.
The daughter, named only as ‘A’ in the court case, had her eggs frozen after being diagnosed with bowel cancer at the age of 23. Her parents say that she had spoken with them about the eggs being used after her death, saying ‘I didn’t go through IVF to save my eggs for nothing’.
Although the daughter consented for her eggs to be stored for use after her death, she did not fill in a separate form outlining how she wished them to be used.
When the mother then sought to retrieve the eggs to seek fertility treatment in the US, the Human Fertilisation and Embryology Authority (HFEA) decided there was insufficient evidence to show the daughter wanted her parents to use the eggs in this way.
The Judge in the case said he was ‘conscious of the additional distress which this will bring to the claimants”.
However, the HFEA said there was no clear evidence A had expressed the wish for her mother to carry her child in the event of her death, saying … ‘the court should be very reluctant to assume that, because this is the proposed course the claimants want, it must inherently follow that it was also what the daughter wanted, in the absence of clear evidence to that effect.’
The mother and her husband could take their case to the Court of Appeal.
This very unhappy situation highlights the importance of instructing professionals - however clear a case you think you may have, it is always, always best to seek legal advice.
If you're unsure as to whether a situation you find yourself in would benefit from our help, just give us a ring or email me.
Monday, 15 June 2015
Is it ever right to go on the run with your child?
In the past week you cannot have missed the coverage of the mum who took her son after a custody battle. Away from the sensationalism of the press stories, I thought it would be worth taking a look at how this all came about and where it went so wrong for the son at the centre of it all.
Rebecca Minnock had a son, Ethan, with Roger Williams, and when the relationship broke down the parties were awarded joint custody. However, Ms Minnock did not keep to her side of the arrangement, frequently keeping Ethan away from Mr Williams even though they had both agreed in court to the arrangements. She also fabricated allegations against Mr Williams in order to ‘frustrate contact’ with his son.
On 27 May this year a district judge ruled Ethan should live with his father after finding Ms Minnock had made false allegations and obstructed contact between the father and son.
It was at this time that Ms Minnock went on the run with Ethan. She knew, of course, that this was no way to progress anything - and it may well have made matters worse, as the courts will take a dim view of anyone so obviously undermining a court order.
Going forward, it will be up to the courts to decide how best to allow Ms Minnock contact with her son. The overall is what is in Ethan’s best interests.
As a Resolution accredited specialist in Children Law, I would have advised Ms Minnock not to take the law into her own hands - the courts have the child’s best interests at heart, and they make their rulings for a reason. I am also a specialist in the field of child abduction so if you find yourself in Roger Williams' situation, get in touch with me as soon as you can - speed is of the essence.
If you have any children issues that you are concerned about - whether you are a mother, a father or a grandparents, do contact me.
Rebecca Minnock had a son, Ethan, with Roger Williams, and when the relationship broke down the parties were awarded joint custody. However, Ms Minnock did not keep to her side of the arrangement, frequently keeping Ethan away from Mr Williams even though they had both agreed in court to the arrangements. She also fabricated allegations against Mr Williams in order to ‘frustrate contact’ with his son.
On 27 May this year a district judge ruled Ethan should live with his father after finding Ms Minnock had made false allegations and obstructed contact between the father and son.
It was at this time that Ms Minnock went on the run with Ethan. She knew, of course, that this was no way to progress anything - and it may well have made matters worse, as the courts will take a dim view of anyone so obviously undermining a court order.
Going forward, it will be up to the courts to decide how best to allow Ms Minnock contact with her son. The overall is what is in Ethan’s best interests.
As a Resolution accredited specialist in Children Law, I would have advised Ms Minnock not to take the law into her own hands - the courts have the child’s best interests at heart, and they make their rulings for a reason. I am also a specialist in the field of child abduction so if you find yourself in Roger Williams' situation, get in touch with me as soon as you can - speed is of the essence.
If you have any children issues that you are concerned about - whether you are a mother, a father or a grandparents, do contact me.
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