Jeremy Clarkson
is right about something!
Children
and Parents
I’m sure you are all aware of Jeremy
Clarkson, whose opinions often
polarise the public.
Sadly, his mother died of cancer recently
and he wrote an article for The Sunday
Times afterwards where he made some
points with which, for a change, I agree.
Obviously, Mrs Clarkson was in a position
to know that her life was approaching
its end, which is not always the case.
This therefore gave her a chance to
ensure that her affairs were in order –
according to Clarkson, something she did
“with gusto”. As he said: she “left many
helpful instructions about what sort of
funeral she wanted”; she put her financial
information “in a neat box with everything
clearly labelled” and sorted out “a lifetime
of photographs”. She also “had a massive
clear-out. Pretty much everything she
owned had been thrown into a skip. ‘It’ll
save you the bother when I’m dead’, she
had said”.
As Clarkson said: “I don’t know how long
she had worked on her downsizing and
the clear-out and the organisation of
her things but it’s something we should
all try to do when we know the Grim
Reaper is h eading our way. Because …
it spares our loved ones from the hassle
of going through every single thing we’ve
ever owned . . .”
Getting your affairs in order, whether you
know that you are facing the end or not,
is something everyone ought to consider.
A large part of my work is dealing with
the administration of estates and it is
so much simpler (and thus cheaper, if
professional legal assistance is involved)
if the family can bring in comprehensive
files of information, or, if we are executors,
we know exactly where to look for this
information – a filing cabinet, a briefcase
or simply a box of paperwork concerning
bank account statements, Premium Bond
holdings and insurance details. If you
want particular items to go to particular
people, make sure this is covered in your
will and that your wishes (which may be in
a separate note) are up to date and those
items are clearly described, for example.
It goes without saying that having your will
correctly written, regularly reviewed and
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Children and young people to have more of a role in all family proceedings affecting them.
up to date is of vital importance in making
life easier for those you leave behind or
those you have appointed to deal with your
estate has a great impact as well.
I have been instructed in some estates
where to find the most basic information
has required searching through piles and
piles of out-of-date paperwork, empty
envelopes and invalid share certificates.
Were I a relative of the deceased, I
am sure I would find this very painful
and indeed, as Clarkson said: “There
is no single thing in the house of
anyone’s mother that isn’t infused with
a gut-wrenching air of sentimentality”.
If your family or executors can at
least quickly lay their hands on the
information needed to obtain the Grant
of Representation, this then means that
they can take their time sorting out your
personal possessions when it is more
comfortable for them, while the financial
angle is being dealt with concurrently.
Afterall, if even Jeremy Clarkson
considers the death of a beloved relative
“a gruesome time”, given everything he
has had to face in the media over the
years, you know it is not easy.
Please do see me or one of my
colleagues in Mayo Wynne Baxter’s PTW
Department to review and update your
will, to seek advice and assistance if you
are appointed to act as an executor of
an estate or for any other queries you
may have. And if you have an hour spare
every now and then, perhaps go through
your paperwork, throw away anything no
longer relevant, sort the rest into files or
packets – and keep it up!
By Rebecca Haywood
The government has announced
that procedures will be put in place
to ensure that from the age of ten,
children and young people involved
in all family court hearings in England
and Wales will be able make their
views and feelings known to the
Judge. The government have also
stated that they are committed to
working with mediation services to
enable children and young people
of ten years old and over to have
appropriate access to mediators in
cases which affect them.
The government feel that given that in
England and Wales a child is deemed
old enough at ten to be criminally
responsible, they should also be
automatically entitled to a voice in family
proceedings in which decisions are being
made about them. It will however, of
course be recognised that where a child
or young person is too vulnerable and
needs their views to be represented by
others, this also should be the case.
The announcement has been made
following calls from the young people’s
representative group, the Family Justice
Young People’s Board, that for far too long,
children have been pushed and pulled
through the family justice system with little
or no say on what happens to them.
The Young People’s Board will have a
key role in making sure the family justice
system is not only focused on children
and young people but better supports
children and young people who, through
no fault of their own, find themselves
involved in the justice system.
It is a positive step that the government
recognise that there is a duty to make
sure that the effect of the system on
children and young people is not a
negative one but a supportive one and
that children and young people feel that
their voice was heard when important
decisions are being made about them.
When deciding what arrangements should
be made for children following their parent’s
separation, currently the principles that are
given the highest priority are:
• The children’s welfare is of the
paramount importance.
• Any delay is likely to prejudice the
welfare of the children.
• The Court shall not make an Order
unless it considers that doing so would
be better for the children than making
no Order at all.
shown, that involvement of both parents
in the life of the child concerned will
further the child’s welfare.
• It is better for parents to sort matters
out between themselves than go to
Court. An application to Court can
not now be made unless the case
has been signed off by a mediator to
confirm mediation is not suitable or it
has not worked.
The ascertainable wishes and feelings of
the child concerned (considered in light
of the child’s age and understanding)
are also considered, however this is
sometimes being interpreted to mean
others can make a presumption about
a child’s view, often for the best of
intentions and acting in their interest, but
nevertheless the outcome is that the child
does not feel that their own distinct voice
has been heard.
It is hoped that the changes the
government are looking to introduce will
put children and young people at the
heart of the family justice system.
By Gemma Hope
• It is presumed, unless the contrary is
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