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Balancing act

Will clients' families be discouraged from addressing testamentary arrangements by the possibility of having to provide an absent relative with all the details of their financial circumstances? Brian Bacon hopes not

4 November 2013

Following a change in financial or personal circumstances or becoming 18, a priority for any deputy must be considering their client's testamentary arrangements. I suggest that, as is the case for all of us, executing a will on terms that accurately represent current circumstances and relationships would usually, although not always, be preferable to distribution in accordance with the rules of intestacy.

As with many people, it can quite often come as a surprise to a client's family to learn how their estate would be distributed under the rules of intestacy. This is especially the case in family circumstances where there are relatives, often a parent, who would benefit under intestacy, but have had little or no involvement in the client's life. We are appointed as deputy in a number of cases involving young children with cerebral palsy or an acquired brain injury, where these unfortunate circumstances have arisen.

Court rules require service o...

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