Don't Let the Truth Be Air-Brushed
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Newsletter December 2016 Don’t let the truth be air-brushed Conferences Where you2017 can see us next? As the old saying goes, ‘a picture various studios until his death Solicitors Group Conferences speaks a thousand words’: and helped him to preserve Date Venue sometimes, however, that’s not memories of his children. 1 - 2 Mar Birmingham enough words to get a full picture. Holiday Inn, He was ultimately reunited with A useful example of this can be Airport his children when they became provided in the story relating to adults but sometimes there is no 7 - 8 Mar Leeds a painting entitled ‘Design for a The Met Hotel such happy ending and children/ Portrait Group’, painted by British family members continue their 4 - 5 Apr London artist Sir Herbert James Gunn Kensington lives unaware of what has (1893-1964) a name that came Conference Hall transpired before them. to our attention when we were 25 - 26 Apr Gateshead/ recently instructed in connection Minimise risk with our Family Newcastle to one of his descendants. Tree Verification Service. Hilton The painting shows three If your client provides you with a 16 - 17 May Manchester family tree in relation to someone The Lowry children relaxing on a summer’s Hotel day, it does little to highlight who has died contact us. If the the underlying tension and the initial information/ family tree Home & Away: turmoil that the artist must have that is correct we will still provide with you all the way felt painting it. you with a report free of charge. If there are gaps we will provide It was painted in 1929, two years you with fee options to help. Does your case have a foreign after Sir Herbert’s acrimonious element that is causing you divorce with his first wife Gwen, problems? All at sea in getting who had ran off with Sir Arthur an oversea’s grant? Trying to sell Whinney, one of her husband’s overseas property but the best sitter’s and a millionaire banker. you’re able to get is a “manana”? Gwen changed their names to Give us a call. Whinney and denied Sir Herbert access to his children: they were We have an established network led to believe that they had been and are particularly experienced abandoned by their father. in dealing with assets in the following jurisdictions: Sir Herbert saw his children by chance at London Zoo and was Spain (including the Canary able to convince the nurse to Islands), France, Bulgaria, Turkey arrange for further sittings in and Italy. Regent’s Park. Sir Herbert kept In addition we can assist you with the painting with him at his Above - Sir Herbert James Gunn Medallion Stamp Guarantees. Newsletter December 2016 Statutory Wills: get the full picture I v D [2016] EWCOP 35 The Court of Protection approved new stringent Estate Research can assist in relation to statutory guidance, drafted by the Official Solicitor, relating wills. to the issue of determining when one can dispense with the normal obligation, in statutory will Identify who is materially affected: we are applications, to serve notice of those proceedings 1experienced in undertaking the research required on persons who would be materially affected. for a statutory will. Be in the knowledge as to the The background of the case relates to a mother true extent of the family. applying for a statutory will on behalf of her severely disabled son; she sought to be released Locate those who are materially affected: we can from the obligation to give notice to the boy’s 2locate people at home and abroad. In the rare father with whom there had been no contact since occasion where no-one can be traced a report the child was born. The father had provided no from us identifying the methods undertaken financial support and had shown no interest in his to locate will arguably provide more cogent son. Little attempt had been made to ascertain his evidence to an applicant. whereabouts: it was generally understood that he We have a range of fee options to help in this regard. had returned to Jamaica. Under the statutory will Please call us today for a no-obligation discussion he would lose his entitlement to half of the estate to see whether we can assist you. that he would otherwise have received through intestacy. The estate was sizeable being made up of a substantial damages award. A District Judge ordered that service be dispensed with unless the Official Solicitor objected. A subsequent objection was submitted, the corollary of which is that the ability to dispense with service is likely to be exceptional. The rationale for this is that a decision to dispense with service on an affected party potentially causes procedural unfairness: the Court may have to decide the substantive application without all the relevant material before it and on untested evidence. Further comments made by Judge Lush suggest that in future the Official Solicitor will seek costs orders against applicants, who, in unexceptional circumstances and for no compelling reason, apply to dispense with service on someone who is materially and adversely affect by an application for a statutory will. Newsletter December 2016 Above – Roy Kinnear (second from left) Tenuous link: Willy Wonka and Wigan One can hardly believe that it is now 45 years since the original (and best) Willy Wonka & the Chocolate Factory. Wigan’s own Roy Kinnear played Henry Salt in the film, the henpecked father of spoilt Veruca. He may also trigger other childhood memories as he was the voice and inspiration behind Texas Pete’s henchman, Bulk, in SuperTed and also voiced Pipkin in the 1978 harrowing film, Watership Down. His illustrious career was brought to a tragic end, having fell from a horse during the making of The Return of the Musketeers he sustained a broken pelvis and internal bleeding and the following day died from a heart attack brought on by his injuries. Road from Wigan Pier: success! We are delighted to confirm that our intrepid cyclists Martin Dutton and James Gartland succeeded in battling through the elements and completed the Wigan to Sheffield cycle challenge. Over £1500 was raised for charities that we think George Orwell would have approved of, namely: British Lung Foundation and a local homeless charity. Thank you to all those that contributed and we look forward to getting involved in a new charity event in 2017. Image provided by Wigan Evening Post. Newsletter December 2016 5 reasons to choose Estate Research It’s not just the services we offer but the level of service we deliver. Here are 5 reasons why we think you should instruct us. Transparency Estate Research have an array of services, some of This includes informing beneficiaries of all the which are free, all of which are specifically designed 1salient details. We believe this is the right thing to help you resolve problems that may be holding to do and helps maintain good relationships. you up in bringing a file to a successful conclusion. Excellent levels of service We would accordingly welcome the opportunity Every job we do is treated as a showcase for our to provide you with a brief outline of the services 2services. We look to provide you our findings as we provide. readily as possible. Reports Head Office Clear and concise reports that include a free 3fractional distribution list and free quote for Bank Chambers, 1 Library Street, insurance. Wigan, WN1 1NN 01942 826 500 Dedicated file handler We do not out-source our research. You will have London Office 4one approachable expert/ point of reference for the duration of the research. 150 Minories, London EC3N 1LS Fee options 020 7347 5140 Manage your client’s expectations: we offer a 5range of fee options for you to consider including www.estateresearch.co.uk ‘fixed fee, fixed timescale’ and contingency. [email protected] Intestacy Specialists L AW 2 017 Wills, Trust & Free Administrator Search Probate Conferences the SOLICITORS group are leading providers of high quality, Fixed Fee and Fixed Timescale CPD training for the legal profession throughout the UK. Visit: www.thesolicitorsgroup.com Call: 01332 226601 Never miss out on fees.