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Inheritance and Trustees Powers Bill consultation launched


Lawson-West Solicitors - Expert Author

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 25th April 2013

On 21 March, the government announced that it had accepted the recommendations set out in the draft Inheritance and Trustees’ Powers Bill, which has now been published for consultation.

The draft bill includes reforms to parts of the law of inheritance, in particular those that relate to intestacy – where someone dies without a Will and family provision. The reforms will:

•    ensure that where a couple are married or in a civil partnership and one dies intestate, their assets pass to the surviving spouse in all cases where there are no children or other descendants;

•    simplify the sharing of assets where the deceased dies intestate and is survived by a spouse and children or other descendants;

•    protect children who suffer the death of a parent from the risk of losing an inheritance from that parent if they are later adopted;

•    amend the rules which at the moment disadvantage unmarried fathers when a child dies without a Will;

•    make it easier for dependants of the deceased and anyone treated by the deceased as a child of their family outside of marriage or civil partnership to make family provision claims;

•    allow a claim for family provision in certain circumstances where the deceased lived outside of England and Wales but left property and family members or dependants here; 

•    reform trustees’ statutory powers to use income and capital for the benefit of trust beneficiaries (subject to certain provisions).

If you’d like information about Wills, Probate or Trusts please contact Alistair Dobson at Lawson-West on 01858 445 480.

About the Author

Lawson-West specialise in commercial, business and employment law. Our team of dedicated commercial solicitors can help with buying or selling a business, business law and disputes, landlord and tenant issues and commercial property. Our expert employment team can offer practical advice and guidance on all aspects of employment law including redundancy, compromise agreements and dismissal procedures. Visit for more information.

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Article Published/Sorted/Amended on Scopulus 2013-05-03 09:08:17 in Legal Articles

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