The Court of Appeal decision in the Ilott v Mitson case released on 27th July 2015 received a lot of media attention.

The case was about a claim brought against the estate of the late Melita Jackson who died in 2004, by her estranged daughter Heather, under the Inheritance (Provision for Family and Dependants) Act 1975. Heather had not seen her mother Mrs Jackson since she left home at the age of 17 some 27 years before Mrs Jackson died.It is certainly not uncommon for a parent who has had no contact with their child for many years to exclude that child from benefit from the Will. Read more →

Planning for the future means not only sorting out a Will (for the situation after you die) and Lasting Powers of Attorney (in case you lose your mind) , but also, especially for farmers trading on their own or in a partnership where the other partner has no real involvement in the farm, drawing up a disaster recovery plan which will provide vital information to allow the farm to continue to operate and the livestock to be looked after if anything should happen to the farmer.

This needs to cover topics such as who are the key people to be involved on the practical side once the disaster has taken place, with information on their role and how to contact them if they are not on the farm at the time, and also the support network, in terms of contractors, the maintenance of machinery, the milk distributor, the vet etc.

Going on from there, it should also consider what is to happen to the farm in the light of the farmer being unable, through some terrible accident or death or the like, to continue being involved. What is to happen to the livestock? What about the staff? Is the farm to be maintained or sold and what about the implements and machinery?

Ideally this plan should cover various incidents separately, such as a serious injury, a fire and a sudden death.

Here at UTK we have experience of drawing up disaster recovery plans and we can help not only with setting them up in conjunction with you but also putting in place arrangements to ensure that they are reviewed from time to time.

Please contact Adam Bruce or Myria Griffiths on (01267) 237441 for further information.

The vast majority of adults are aware that they ought to make a Will even if they do not actually make one. There are certain life changing events that might prompt any one of us to take that important step and put a Will in place. The birth of a child is a common triggering event. It is fair to say that the majority of such people in these circumstances have no difficulty in deciding who their money and assets should be left to. However, very often parents have not considered who should be appointed as guardians for their young offspring.

If the act of Will making itself does not force one to consider one’s own mortality, the consideration of guardians certainly will.
Q. So what exactly is a guardian?
The appointment of a guardian bestows parental responsibility on an individual. Parental responsibility is defined as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and the child’s property”.
In simplified terms the guardian is stepping into the shoes of the parent. Hence the guardian will usually provide a home for the child or children and essentially bring them up. However, technically parental responsibility means the right and duty to make decisions about the welfare of a child which might result in a decision for the child to live elsewhere such as with another appointed guardian.
Q. Who can appoint a guardian in a Will?
Broadly a parent who has parental responsibility for a child. However the appointment of the guardian cannot take effect whilst there is a parent alive who has parental responsibility. In that event, the appointment will only take effect on the surviving parent’s death.
Q. Do two parents with parental responsibility have to agree to an appointment?
Strictly speaking no. Each parent can appoint a guardian of his or her own choice in his or her Will, but the appointment will not take effect until (as stated above) the surviving parent’s death. Hence there may be two separate guardians appointed by virtue of the two Wills. On the death of the last surviving parent both guardians will have parental responsibility and they will need to agree between themselves major decisions such as where the child will live, schooling etc., as both guardians will have been endowed with the rights and responsibilities of a parent.

It is recommended that professional advice be sought from a suitably qualified Solicitor before making a Will. We do offer fixed fees for simple Wills – so please contact us on (01267) 237441 to find out more.