TRACE - Fraser and Fraser Magazine

trace

ISSUE ONE May 2022

England and Wales say “I Do” to no-fault divorce Fraser and Fraser

Types and Uses of Trusts in Scotland: An Overview Leigh Beirne

A Day in the Life Staci Pipkin

Contents 4 7 8 9 10 11 12 13 14 16 18

Industry News: Estate Planning and Changing Family Structures Fraser and Fraser

A Day in the Life of a Legal Case Manager Staci Pipkin, Fraser and Fraser

Industry News: One Million Trusts to be registered with HMRC Fraser and Fraser

Industry News: England and Wales say “I do” to no-fault divorce Fraser and Fraser

Welcome: The newest members of the Fraser and Fraser Family Opinion Piece: Types and Uses of Trusts in Scotland Leigh Beirne, Harper Macleod LLP

Join us at our Webinars Fraser and Fraser

Industry News: When is a Will not really a Will?

Fraser and Fraser

Looking Back: An Interview with retiree Bob Smith Bob Smith

Industry News: How the rise in “Blended Families” can complicate inheritance Fraser and Fraser

Industry News: Increased number of millenials now writing Wills Fraser and Fraser

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a note from the partner Welcome to the first edition of TRACE. I am delighted to introduce Fraser and Fraser’s first, free, bi-annual published magazine. 2022 has been a busy year for us already; with more cases than ever and all the challenges that come along with it, we are always looking for more ways to connect with our contacts, and this felt like the perfect way to do that.

What can you expect from TRACE in its first issue and the future? This magazine was established to engage with our clients and contacts; we will delve into all things genealogy and share our knowledge of an industry we are at the forefront of. There are nine sections of informative, educated, genealogical insight from expert heir hunters in the world of probate.

TRACE will showcase some of the most prominent industry news from the first half of 2022. We also have a feature from Leigh Beirne, a Senior Associate at Harper Macleod LLP, who has written a guest article giving an overview of the types and uses of trusts in Scotland. Leigh has previously allowed us to host her as a guest at one of our free webinars, which have proven to be a great success following the challenges of 2020. More details of our upcoming webinars can be found on page twelve.

In addition to all the industry information TRACE is packed with, we want to allow our readers to get to know some of the amazing individuals behind Fraser & Fraser. Staci Pipkin tells us all about what

it’s like to be a Legal Case Manager at Fraser and Fraser when we interviewed her for the ‘A Day in the Life’ feature. In this section, we learn a bit more about Staci herself, and what a typical day might look like for her at Fraser and Fraser, including the best and most challenging aspects of her role.

Fraser and Fraser recently said farewell to longtime employee and now retiree Bob Smith who worked as Head of our Legal Department. In this edition, we will be interviewing Bob and taking a look back at the past 37 years of his service. You can expect to learn a little bit about Bob, his inspiration in genealogy and a bit of background behind his long career at Fraser and Fraser. We thank Bob for all his hard work and dedication; his presence will certainly be missed in the office.

Fraser and Fraser are renowned for completing our cases with speed and accuracy. We have over 90 years of experience providing specialist research to the legal profession; we have built up a network of European offices and developed partnerships with professional genealogists around the world.

Thank you for your continued support; we hope you enjoy our first edition of TRACE. We hope to bring you many more.

Neil Fraser Partner, Fraser and Fraser fraserandfraser.co.uk 020 7832 1400

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NEWS

ESTATE PLANNING AND CHANGING FAMILY STRUCTURES - INDUSTRY NEWS In the past couple years, figures released by the ONS indicate the structure of UK families and households is continually changing shape. Thirty years ago, a “traditional” family was the norm, with this family structure considered to be a husband and wife who married at an early age, bought a home and had children.

According to Trend Monitor, while married or civil partners remain the most common family type in 2019, there were 2.9 million lone parent families (14.9% in the UK) and the number of people living alone has increased by a fifth over the last 20 years. The modern family represent one third of family structures which include blended, multigenerational, same sex or single parent; this change in family structure represents the world we live in and is growing increasingly common.

There has been a significant growth in the number of family units comprised of unmarried partners. The laws that protect married couples may not apply to an unmarried couple. Statistically same sex couples are more likely to cohabit rather than marry or enter a civil partnership; however cohabitation is not a legal status for any couple regardless of sexual orientation.

Same sex couples are also more likely to face having to navigating complex dynamics with family members who may not accept them. This can leave them in a more vulnerable position to have their Wills contested by unsupportive family members, or have custody battles over non-biological children (surrogate or adoption) in the event of the biological parent’s death.

If a family member is transgender, the traditional legal documents may refer to that person using pronouns and it is possible that the transgenderfamily member could lose status as a beneficiary if the name/pronouns don’t match. Under the Gender Recognition Act 2004, which came into force on 4th April 2005, an individual’s new affirmed gender cannot be legally recognised until they have secured a Gender Recognition Certificate (GRC). Therefore, any Wills that have been made since 4th April 2005 and before a British Trans person has obtained a GRC, means that the Will won’t recognise their change of gender.

The idea of planning for our death is daunting and often something people put off, the Health and Retirement study findings showed that more complex families are less likely to have a plan. It found

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divorced parents as the highest respondents where 62% didn’t have a will, followed by parents that had no contact (with at least one adult child for over a year) at 59% and those with stepchildren at 49%. For families that don’t meet the traditional structure, this can affect the way their estate is distributed; as much of estate planning presumes a traditional family unit but these days the non-traditional family unit is the clear majority.

Without a Will in place, the estate passes in accordance with the laws of intestacy. Fraser and Fraser work as probate researchers to identify, locate and trace next-of-kin. Who is entitled to an

INDUSTRY NEWS

intestate estate? The Administration of Estates Act (1925) determines the order of entitlement.

Fraser and Fraser will work to delve into their family history to locate any missing heirs or beneficiaries.

Fraser and Fraser info@fraserandfraser.co.uk 020 7832 1400

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LOOKING BACK

Hello.

We are Fraser and Fraser.

Our researchers assist the legal profession, Trust and Estates practioners, financial institutions and te public sector in a number of professional services: | Tracing missing beneficiaries in probate matters | Assistance with assets in the US and Canada | Obtaining birth, marriage and death certificates | Finding missing Wills via our Will Search Services | Free Family Tree Check | Asset search and recovery | Obtaining missing Wills insurance | Probate property services | International bankruptcy searches... and many more!

Contact Us www.fraserandfraser.co.uk legal@fraserandfraser.co.uk 020 7832 1400

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A DAY IN THE LIFE

A DAY IN THE LIFE OF A LEGAL CASE MANAGER - STACI PIPKIN We recently caught up with Legal Case Manager, Staci Pipkin. Our chat gave us insight into what a typical day looks like for Staci at Fraser and Fraser, over to you Staci!

Let’s start with a couple of ice breaker questions: Coffe or Tea? Coffee Movies or TV Shows? TV Series 15-minutes of fame?

I don’t have any exciting stories, but I ran the London Marathon back in 2012 and there may have been a glimpse of me on TV amongst the crowds of other runners! So more like 15 seconds of fame!

How long have you worked at Fraser and Fraser?

5 years in September!

What does a typical day look like in your job?

Offering assistance to solicitors with tracing missing beneficiaries and compiling family trees.

What is the most challenging aspect?

Research in jurisdictions where the records are not centralised in the way that they are in the UK. What is your favourite aspect of your job?

Knowing that we have assisted a solicitor in tracing all the entitled beneficiaries and that they will soon receive their inheritance.

How did you get into being a legal case manager?

I started in an administrator position at a different company and took an interest in the genealogical research and over the past 10 years have gained the knowledge and experience to get to where I am now!

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INDUSTRY NEWS

ONE MILLION TRUSTS TO BE REGISTERED WITH HMRC - INDUSTRY NEWS -

On 1st September 2022 new and expiring trusts must be registered with the new service from HMRC called the ‘Trust Registration Services’ following new laws incorporated in October 2020.

The reform was one of the last of the EU’s directives that the UK adopted before it’s departure.

It is estimated that up to one million new and existing trusts must be registered with the service by the deadline of 1 September 2022, meaning that almost 170,000 trusts will need to be registered every month from now until September, according to Canada Life, who submitted the freedom of information request.

The types of trusts that are now required to be registered with HMRC’s Trust Registration Services (TRS) have been expanded under the incoming rules.

Prior to this, only trusts which incur a UK tax liability needed to registered, however new regulations mean that most UK trusts must be registered unless specifically excluded. Therefore, anyone already acting as trustee of a trust that hasn’t registered yet must consider whether the trust is now registerable, as should anyone looking to set up a trust.

The penalty for late submissions is still being developed by HMRC, but initial propositions suggest trustees who fail to comply with the rules could face fines of up to 5 per cent of the trust’s tax liabilities or £300, whichever amount is greater. All trustees would be jointly liable for fulfilling the obligation.

This will be a further administrative task for trustees in the future. The trust will need to be signed up to the register by the deadline or within 90 days of a trust’s creation.

However, the Freedom of Information Act 2000 request has shown that the Trust Resignation Service (TSA) has only received just over 153,000 trust registration applications since the full operation began in June 2017.

Stacey Love, Estate Planning Specialist at Canada Life also commented that they were seeing an increase in the number of applications that were being received. Love commented: “Given recent estimates that one million registrations may need to be completed, I suspect HMRC will experience a flood of registrations over the coming months.” She stresses that advisors should be encouraging their trustee clients to register well ahead of the deadline.

Fraser and Fraser info@fraserandfraser.co.uk 020 7832 1400

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INDUSTRY NEWS

ENGLAND AND WALES SAY “ I DO” TO NO-FAULT DIVORCE - INDUSTRY NEWS -

On 6 April 2022, changes to legislation on divorce came into effect. In the biggest update to England’s divorce laws in decades, ‘no-fault divorce’ will mean couples no longer have to play the blame game and provide reasons for the ending of a marriage, and divorce applications will be granted immediately.

Divorce laws in England and Wales has been considered outdated for many years now; previously, if couples wanted to file for divorce they would need to prove that their relationship had broken down irreparably. This means having to prove at least one of five reasons in order to get a divorce, these are: - adultery - unreasonable behavior - desertion for at least two years - consensual separation for at least two years - separation for at least five years if one party disagrees there should be a divorce Since the only reason a divorce would be granted in UK is the breakdown of the relationship, this encourages disputes and lasting bitterness between couples looking for one party to blame. Due to the time frames for separation, these laws have meant divorces can be tedious and time consuming for couples.

No-fault divorce, which has been used in Scotland since 2006, removes this need to establish one of the five reasons for divorce. Now one or both parties can apply together to the courts for a divorce order, they will no longer need to satisfy the court that the marriage has broken down. Instead an application for a divorce order must include a statement that confirms the marriage has “broken down

irretrievably.” The act also introduces a minimum period of 20 weeks between the start of proceedings and application for conditional order, which exists as an opportunity for couples to reflect and perhaps reconsider. In instances where a divorce is inevitable it gives couples a period to cooperate and consider their plans for the future.

Overall, this change in legislation is generally seen as a step in the right direction as existing laws haven’t reflected the reality of how many separations have occurred. While there might still be a long way to go in regards to divorce laws and costs, separated couples will now be able to follow a much simpler process, aimed at avoiding conflict and bitterness.

Fraser and Fraser info@fraserandfraser.co.uk 020 7832 1400

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Welcome The newest members of the Fraser and Fraser Family

ANDY LOAKES | CASE MANAGER What’s your spirit animal? An Owl If you could have any superpower what would it be? Omniscience What song would you pick at Karaoke? Wish you were here - Pink Floyd

LARA ALPER BARRENA | OFFICE JUNIOR What’s your spirit animal? Chihuahua If you could have any superpower what would it be? Mind Reading What song would you pick at Karaoke? American Boy - Estelle ft. Kanye West

ALISON EVEREST | JUNIOR RESEARCHER What’s your spirit animal? Cat If you could have any superpower what would it be? Teleportation What song would you pick at Karaoke? Picture of You - Boyzone

GILES MEDD | LEGAL CASE MANAGER What’s your spirit animal? Brown Bear If you could have any superpower what would it be? Healing Powers What song would you pick at Karaoke? Bankrobber- The Clash

DONNA RAINSLEY | CASE ASSISTANT What’s your spirit animal? Whale If you could have any superpower what would it be? Shape Shifter What song would you pick at Karaoke? Sign Of The Times - Prince

LEEANNE PROSPER | CASE ASSISTANT What’s your spirit animal? Panda (they just seem really chilled) If you could have any superpower what would it be? Teleportation What song would you pick at Karaoke? Fantasy - Mariah Carey

YASMIN RINK | MARKETING ASSISTANT What’s your spirit animal? Flamingo If you could have any superpower what would it be? Teleporting What song would you pick at Karaoke? Like a Prayer - Madonna

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OPINION PIECE

TYPES AND USES OF TRUSTS IN SCOTLAND - AN OVERVIEW -

As a private client solicitor, I often receive enquiries from clients about whether they should be looking to set up a Trust for asset protection purposes. This enquiry is becoming increasingly common for a variety of reasons, not least due to the rising costs of nursing home care. When faced with such an enquiry, it is important to consider each client’s individual, family and financial circumstances to ascertain whether a Trust is, in fact, the right estate planning tool for them.

In the simplest terms, a trust is a tripartite relationship, Involving a settlor, trustees and beneficiaries. Typically, the settlor will record the arrangements by signing a trust deed, setting out who the trustees are, who the beneficiaries are/ may be, and the ways and circumstances in which the trustees can use the trust fund for the benefit of the beneficiaries.

There are many reasons why a person would want to set up a trust and these can broadly be divided into two main categories: (1) protection of people and (2) protection of assets.

Under the protection of people category, a trust can be used to hold assets on behalf of people who cannot or should not own assets themselves.

This could include, for example, children.

Trusts can also be used to ring fence assets for beneficiaries who are disabled, vulnerable or require assistance with their financial affairs.

This is primarily about ensuring the beneficiary is sufficiently cared for and protected against any form of undue influence, although it can also be a way of preserving any means tested benefits or local authority care packages they may be in receipt of.

In terms of asset preservation, a trust may be a useful way of keeping assets in the family, or gifting

money to family members in a protected way, taking account of the matrimonial and financial circumstances of the intended beneficiaries. Trusts can also be used to mitigate or avoid a legal rights claim, as any assets transferred into a trust during lifetime would be excluded from a legal rights claim on death. This option could be particularly useful for those clients with large amounts of capital.

Perhaps most often, trusts are used to facilitate Inheritance Tax (“IHT”) planning, to reduce or mitigate an IHT liability arising on death. Broadly speaking, provided the amount going into Trust does not exceed £325,000, the settlor does not retain any benefit in the asset passing into trust, and they survive 7 years, the value will fall away from their estate for IHT purposes.

So when might a trust not be appropriate? A very common enquiry relates to setting up a trust to protect a client’s home from nursing home care costs. Due to the “deliberate deprivation of asset” rules, clients should be advised against this course of action unless they have some other, genuine estate planning need for a Trust.

It is important to remember that, now more than ever, there are significant regulations for trusts to comply with, including HMRC’s Trust Registration Service. A trust can therefore be costly to set up and administer, and this should be a factor to consider when deciding whether a trust is really worthwhile or not.

Leigh Beirne Senior Associate, Harper Macleod LLP leigh.beirne@harpermacleod.co.uk 0141 227 9414

JOIN US AT OUR WEBINARS In 2020 we introduced a webinar series with guest speakers across the industry covering a range of topics. Since its launch we have successfully held several educational webinars for professionals both in legal and public sectors.

To register your interest in future webinars please email us at marketing@fraserandfraser.co.uk with your full name, email and company name.

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INDUSTRY NEWS

WHEN IS A WILL NOT REALLY A WILL? - INDUSTRY NEWS -

It’s no surprise that not everyone will have left behind official instructions of how they would like their estate and assets to be distributed once they’ve passed away.

Occasionally before someone has passed away, rather than leaving an official Will they have left a Will in a less conventional format or have been ‘creative’ with some of the gifts they’ve left. Famously, in his last Will and testament, William Shakespeare left his ‘Second Best Bed’ to his wife and the mother of his children, Anne Hathaway.

This was an unusual bequest as under medieval common law in England, a widow was entitled to one third of her late husband’s estate, even if it was not specified in the Will. Since the medieval times, the law had changed vastly and thus the requirements for a valid Will.

Usually, a person’s Will is a legally binding document but occasionally there are instances where an informal document has been created that does not meet the legal requirements, but still records the deceased’s intentions. There are a number of different examples of informal Wills including online word documents, suicide notes, and video and voice recordings. Dealing with cases with an unusual or unconventional Will begs the question ‘is this Will valid or not?’

Recently in Australia, an unusual case occurred where the deceased wrote a text message draft stating that he wished for his estate to pass to his brother and nephew. Despite not adhering to the formalities, the court ruled the message as a valid Will. While instances like this may occur in Australia, the current rules in England and Wales for Wills

must fall under the legislation i.e. Section 9 (a) of the Wills Act 1837 which states that in order for a Will to be legally valid, it must be in writing, signed by the testator and in the presence of two or more independent witnesses present who must also sign the Will.

The law in England and Wales that governs Wills was set out in the 1800s, The Law Commission acknowledges this legislation needs to be modernised to take into account changes and advancement in society, such as technology and medicine. This consultation on Wills includes proposals to ‘enable the court to dispense with the formalities for a Will where it’s clear what the deceased wanted’. This updated method would make it easier for people to put in place a valid Will but the timeline for these changes are still in limbo as the Commission has currently paused this consultation.

If the formalities of the current legislation are not fulfilled for whatever reason, then a Will may be considered invalid and intestacy rules will apply. Fraser and Fraser work as Probate Researchers for cases where there is not a valid Will. We provide specialist research and support to the legal profession by tracing nextof-kin who are entitled to a share of the estate.

Fraser and Fraser info@fraserandfraser.co.uk 020 7832 1400

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LOOKING BACK

LOOKING BACK

AN INTERVIEW WITH RETIREE BOB SMITH After over 30 years of service to Fraser and Fraser, we caught up with Bob to take a look back at his years with the firm, his career and how the world of genealogy has changed since he started in 1985. Starting out as a Junior Researcher and working his way up in the firm to Head of the Legal Department, we will be sad to see Bob leave but are forever thankful. Good luck Bob!

So Bob, tell us a little bit about you I joined Fraser and Fraser in 1985, at 22 years old, it was a big year for me that year. I brought my first property when I was 22, changed job – I was working with Customs and Excise, I was serving writs for the prosecution clerks. Had a bad experience and decided I wanted to change job, later on in the year, I got married. So, three of the biggest events in one’s life, happened in 1985.

staff. Research back in the day, was nothing like it is now, “pre-internet times” meant we had to go to the Public Record Offices to do our research. It was a very tiring experience, with great big binders that had all the birth, death and marriage records since 1837, and we would have to search through four of these binders for each year. So if we were doing 100-year death certs we would be pulling out hundreds of these books and it was hard work.

What inspired you to work in genealogy?

I was quite happy working at Customs and Excise but that experience of serving writs, maybe wasn’t for me – demanding and collecting money – and decided that, perhaps I should try something else. So my brother, who at the time was working at Fraser and Fraser for around 10-years or so, meant I had some knowledge of the industry and found it quite exciting, you know “tracing missing heirs.” I wanted to do something, where when people asked what you do, they were intrigued. That and the fact that working in the civil service was never going to be my career; so I decided to “branch out” as they say in genealogy, and joined Fraser and Fraser.

We were in Sicilian Avenue for a few years and then we moved on to the offices on the Strand, right by Covent Garden. Offices were bigger, the firm had started to grow so they had more office staff, more administration staff, but we still worked in the Public Office Research Rooms until about the year 2000. I believe that’s when the internet really started to take off and all the Public Records became available on the internet. Back then it was just a group of guys all working together, which was good fun – we would also mix with other genealogy firms; but at the end of the day go back to the office and sort our work. After 15 years, it then became office based and everything changed. We’ve probably got access to more records then we ever did back then, with the electoral role etc. at our fingertips. the Emirates, played at the training ground. Went on tour with them – had a great time with them!

How has Fraser and Fraser and the genealogical world changed since you started?

When I first started at Fraser and Fraser, we weren’t based in Hatton Garden. Our offices were in Sicilian Avenue, near Holborn Tube Station in London. At the time, the offices were fairly small, the two partners, Simon and Nathan Fraser had smaller offices with only a handful of researchers and a couple of secretary

But also, society has changed. Back in 1985, even though it wasn’t a taboo subject, illegitimacy is not what it is now. Nowadays it is more accepted, people are in relationships and don’t get married and they

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and they have kids. Nothing wrong with that, but in research it can cause a problem. Particularly when you are looking for relevant people, you would normally start with a marriage date. Could be naivety but that’s where we would start. The way birth records are listed, would always have the same surnames as their parents and this isn’t always the case now. Society has changed and has affected the way families are structured.

What has been your most memorable experience in your career with Fraser and Fraser?

There’s been a few, I had three trips to the Caribbean.

During my career at the firm I worked my way up and at one point was promoted to Senior Researcher which gave me the opportunity to travel around, meet families and show the company face. I was lucky enough to have three trips to Jamaica, to do some research into families members with connections to the deceased here in the UK.

LOOKING BACK

Have you ever worked on a case with any celebrities?

If so, who?

Over the years there have been a few, Michael Fish (the old weather man) he came into the office; he was famous for saying “there was no hurricane on the way” the next night there was a hurricane. Hilda Ogdan from Coronation Street. Roy Evans, who was the Manager of Liverpool Football Club. John Bonham, who was the drummer of one of the greatest bands ever! Led Zeppelin.

What will you miss most about Fraser and Fraser?

It will be the interaction with the people I work with, without a doubt. I’ve made some really great friends over the years. So for sure, it will be the interaction I have with people I call friends.

Also, you may remember seeing Heir Hunters, and as a result of it, I managed to ‘network’ and ended up playing for an Arsenal charity team for about three years. I was able to play with ex-pros and celebrities, at the Emirates, at the training ground. I even went on tour with them – I had a fantastic time!

What advice would you give to anyone looking to join the international probate and genealogy industry?

You are going a unique industry, you have to bear in mind and sometimes I have to remind myself that we are talking to family members and about their family. They’ve got a close attachment to them, and sometimes I have lost sight of that. You must bear in mind that this is a sensitive subject, every time you are speaking with heirs. Otherwise, my advice is go in with open eyes and enjoy it!

What was the biggest challenge you ever faced?

I think I hold the record for the largest family tree at Fraser and Fraser. But bless, an ex-colleague of mine, Dave Pacifico who did hold the title but just before he retired I think I took the crown. I believe there was 343 family members that were beneficiaries; and we traced them all. By far, I think that was my biggest challenge.

Plans for retirement?

Myself and my partner had spoken about travelling, we will probably buy a camper van and go around the UK and Europe, but she has gone and brought a puppy; so we’ll see! But, I have my hobby of collecting vinyl records, so will probably spend some time doing that. Just choosing to do things when I want and not have to get up at 6am every day!

What has been your favourite case and why?

There’s been lots of cases, obviously you build up a rapport with some of the family members and they stick in your mind. But, I suppose, I’ve done a case recently with the sound engineer of the Beatles, it’s still ongoing and I was speaking with members of the family who knew the Beatles, which was fascinating in itself.

Bob Smith Former Head of Legal Department Retired March 2022 Fraser and Fraser

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INDUSTRY NEWS

HOW THE RISE IN “BLENDED FAMILIES” CAN COMPLICATE INHERTIANCE - INDUSTRY NEWS The increase in the number of so-called blended families, comprising different families that have been linked by new relationships, can complicate the process of inheritance and will-making, especially when beneficiaries are in disagreement.

While the vast majority of people would always hope that their family members got along regardless, that is not always the case; especially when people’s relationships can change dramatically in the time between someone’s death and when their will was made.

Speaking on the subject to The Financial Times, Natasha Stourton, a partner in the trusts, estates and inheritance disputes team at law firm Withers Worldwide, said: “Choosing who will inherit your wealth and how much money they will get can be hard enough for even the simplest families. But when there are stepchildren involved as well as adoption and surrogacy issues, there are many more opportunities for conflict.”

In particular, legal professionals say they see

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issues arising when an individual chooses between leaving money to their spouse and to their children from a previous relationship, with potentially costly disputes arising between family members if they feel they have been treated unfairly.

In England and Wales, someone can leave assets in their will to whomever they wish, but other jurisdictions take a more strictly defined approach.

For example, countries such as Scotland and most European nations (including France, Spain and Germany) operate under the principle that a certain portion of an estate must be left to next of kin (spouse, children, parents) providing them with a guaranteed minimum level of protection of their inheritance.

Lilly Whale, a private client solicitor at law firm Goodman Derrick, told The Financial Times that English law can be a more flexible option for blended families. “Given the principle of testamentary freedom in England

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and Wales, a testator is, by law, free to leave their estate to their stepchildren if they so wish, without being obliged to provide for their blood children.”

However, she added that the Inheritance (Provision for Family and Dependants) Act 1975 provides a mechanism for a spouse, child or people treated as children or dependants to bring a claim against the deceased’s estate where they are left without reasonable financial provision.

“The claimant has to show that they were maintained by the deceased prior to their death either financially or in other ways, such as receiving frequent gifts from the deceased or living in the home rent-free,” Ms Whale added.

Fraser and Fraser info@fraserandfraser.co.uk 020 7832 1400

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INDUSTRY NEWS

INCREASED NUMBER OF MILLENIALS NOW WRITING WILLS - INDUSTRY NEWS -

In the last two years, the number of millennials drafting wills has increased by almost 10% with many citing the COVID-19 pandemic as the reason.

Despite the pandemic two out of three adults still don’t have a will, so while data shows people believe estate planning is important, in 2021 only 32.9% actually have the documents in place.

More millennials than ever before are writing their wills in case they die unexpectedly. 27 per cent of adults aged 18 to 34 now have wills compared to 18 per cent in 2019. 30 per cent of adults under the age of 35 cited the COVID-19 pandemic as a reason or incentive for getting their affairs in order.

When asked the reason why people don’t have a will, the most common answer was simple procrastination “I haven’t gotten around to it”.

However, other reasons included not knowing how to set up a will or living trust, and feeling as though they don’t have enough assets to leave.

The study conducted by LegalZoom and Caring. com revealed that 18 to 34-year-olds were more proactive about will writing due to the pandemic than the middle-aged group and aging people, which were at 23 and 16 per cent, respectfully.

Fraser and Fraser provide services which can help locate wills. Our search has stopped over 2% of cases being incorrectly administrated after locating a will. If you have an enquiry, please get in touch.

Lawyer, Avi Kestenbaum, also noticed an increase in young people drafting wills which peaked when the delta variant of COVID-19 was most prominent.

She now expects another wave of will-writing as the Omicron variant continues to spread.

Fraser and Fraser info@fraserandfraser.co.uk 020 7832 1400

genealogy (n.), ge-ne-al-o-gy

1. an ancestry or descent record of a person, family, group, etc.

2. research into the ancestries and histories of families.

3. Fraser and Fraser.

We are Fraser and Fraser, a professional team of genealogists and international probate researchers, dedicated to tracing missing beneficiaries to unclaimed estates worldwide.

With over 90 years of experience, we assist the legal profession with every element of estate administration.

Assisting the legal profession in all aspects of estate administration, using our expert knowledge to track down missing heirs to unclaimed estates. All cases of locating missing beneficiaries are unique so we ensure all bases are covered. We believe we can help you.

Contact Us www.fraserandfraser.co.uk legal@fraserandfraser.co.uk 020 7832 1400

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