Re: Autumn issue | Page 34

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 32 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 33