Joshua Herewini of Somerby Cottage, Shepreth Lane, Shepreth, Cambridgeshire, a retired aerial
archaeologist, died last week aged eighty three. As one of the executors of his will, Juliet Lawrie, his
sister in law, has instructed Mrs Sarita Patel a solicitor of Pemberton LLP Solicitors to advise her on a number of issues that are concerning her regarding the deceasedâs homemade will which was made on the 22nd May 1999.
He had made this will shortly after coming out of hospital following a contusion on the brain and a fractured jaw caused by him being knocked off his bicycle by a motor car.
Mrs Lawrie is not sure what her duties and responsibilities are regarding her being the executrix of
Joshua
Herewiniâs will. Mr Herewini appointed two executors and the other person is Gretel Herewini his wife,
whom Mrs Lawrie knows divorced Mr Herewini in July 2008 and now lives in Trieste, Italy. She wants to know whether Mrs Herewiniâs role will be same as her own role.
She has also noticed a page, torn from a notebook attached to the will which is signed and witnessed by
two persons and dated the 4th of June 2013. She wants to know what this document is and the impact it has on the will. In it Mr Herewini appears to have revoked a legacy of £110,000.00 [one hundred and ten thousand pounds] in his will that he left to a Ms Katina Smirnova. Mrs Lawrie has heard that this occurred one evening at a wine tasting party when in a state of intoxication Mr Herewini, had an argument with Ms Katrina Smirnova Mand had revoked this legacy of £110,000.00 [one hundred and ten thousand pounds] to Ms Smirnova. She wants to know is this valid or does she have to pay out this legacy to Ms Smirnova.
Mr Herewini has left the residue of his estate to his daughter Bethan Roy and his grandson Rhydian
Rhydderch. She knows that Rhydian lives in Beddgelert, Gwynedd, Wales, but at present does not know
where Bethan Roy lives, although she does know that Bethan was last heard of working in an archaeological site in Azerbaijan. Mrs Lawrie is concerned that Mr Joshua Herewini has spelt Rhydianâs surname incorrectly as âRhiderch â in his will and whether this invalidates the legacy to him. She also wants to know how she can trace and inform Bethan Roy of her legacy and what steps she as an executrix can take to protect herself if she cannot trace Bethan Roy.
Mrs Laurie is concerned that the will has become frayed and is torn and she does not know how this
happened. The last five letters of the testatorâs surname has been torn off along with the end of the date
the will was signed.
In the will, Mr Herewini has made a £100,000.00 [100,000 thousand pounds] gift to Mrs Lawrie but she
wishes to refuse the legacy of £100,000.00 [one hundred thousand pounds] as she doesnât need the money and does not want to upset her own estate planning and tax position. She would like it to go to the Hawk Conservancy Trust. She is not sure what steps, if any, she would have to take to do this.
Please discuss the issues that arise in this case
You are not required to discuss the Inheritance (Provision for Family and Dependants) Act 1975.
Sample Solution
Social work is depicted as workmanship converged with science (Connolly and Harms, 2009, p.4). The science parts of social work are appreciated by the proof based information got from inquires about and practice speculations. The craft of social work happens as social work experts weave together this logical information with individual qualities, proficient aptitudes and encounters. In setting of social work practice, it is adjusted these to the special and specific circumstances. Likewise, social work practice should be applied particular methodologies with various customer bunches in a scope of fields. After perusing the articles about family, family social work ought to be mirrored the reasonable technique, experiences and center abilities. It is incorporated the method for approach, social competency and correspondences abilities in working with family. It is imperative to address the family-focused methodology which is underpinnings the hypothesis in working with families. It very well may be clarified that family-focused practice includes an attention on working with families/whanau, not solely working with singular individual from families. This methodology is likewise consistent with biological hypothesis. As indicated by Bronfenbrenner (Berger, 2008, p.87), human improvement and family working can be impacted commonly by a layer of ecological angles like society and relationship. Likewise, unique individual is probably going to be interlinked surroundings from the home as a small scale framework to wide society or culture as a macrosystem. Hence, family-focused methodology can be powerful in managing family matters. Family Group Conference is a decent outline of this communitarian family-focused methodology. Discoveries of universal research (Kanyi, 2013, p.39) indicated that expanding on family qualities and working in organization with families to help youngsters turned out a beneficial outcome of kids’ prosperity. Notwithstanding, the importance of family has assorted relying upon setting and use. In New Zealand setting, legitimate meanings of family connections are changing so as to think about of social and social standards. There are assortment types of family in NZ, for example, true relationship, more distant families of Maori whanau and same sex family. Subsequently, as far as training, it ought to be viewed as the limits of family. Further thought ought to be given to monetarily, topographically, socially and socially minimized families. Social counselor, Choice and Partnership Approach and adaptable area of arrangements started by CAMHS can be urge to better commitment in social work practice (Appleby and Phillips, 2013, 29-30). All the more significantly, social work experts ought to have social competency. Culture can be characterized as a remarkable part of individual and a lifestyle. Upon the comprehension of natural hypothesis, families could share and be affected by culture as a full scale framework. Appropriately, obviously broad information about various societies can be valuable for understanding the customer’s practices, responses, and choices in social work setting. For instance, the utilization of te reo Maori, karakia and whakapapa when working with Maori family can be framed by indicating gratefulness and regard for their experiences that can add to more profound commitment and affinity (Mooney, 2012, p.51). Not just affinity is fundamental when working with Maori, however down to earth utilization of youth culture additionally can be valuable executes for youth to upgrade commitment. Another, viable relational abilities are center to great work with kids and families. Unmistakably the nature of connection among professionals and customers is a key determinant of fruitful results in all social work territories. In like manner, to build up close affinity with customers requires explicit method for correspondence relying upon person’s conditions. Specifically, little youngsters’ viewpoints ought to be considered in their procedures in social work setting. As indicated by The United Nations Convention on the Rights of the Child (UNCROC), approved by New Zealand in 1993, furnishes us with a reasonable basic to tune in to youngsters. Article 12 says youngsters reserve ‘the privilege to express those
perspectives unreservedly in all issues influencing the kid, the perspectives on the kid being given due weight as per the age and development of the kid’ (UNICEF, 1989, Article 12). Winter (2010, p.186) found that little youngsters are prepared to do express their assessments in their exploration. Along these lines, working with youngsters requires adaptable techniques for correspondence, superb listening aptitudes and innovative methods for including kids simultaneously. Utilizing explicit methods for correspondence, for example, utilizing a creepy crawly gram outline, drawing and pretend can be powerful method for drawing out their perspectives (social work now, 2012, 36-37). In particular, Social specialists need to exhibit a similar elevated levels of compassion for a person’s conditions, regard for their desires and wants and credibility in reacting to them.>
Social work is depicted as workmanship converged with science (Connolly and Harms, 2009, p.4). The science parts of social work are appreciated by the proof based information got from inquires about and practice speculations. The craft of social work happens as social work experts weave together this logical information with individual qualities, proficient aptitudes and encounters. In setting of social work practice, it is adjusted these to the special and specific circumstances. Likewise, social work practice should be applied particular methodologies with various customer bunches in a scope of fields. After perusing the articles about family, family social work ought to be mirrored the reasonable technique, experiences and center abilities. It is incorporated the method for approach, social competency and correspondences abilities in working with family. It is imperative to address the family-focused methodology which is underpinnings the hypothesis in working with families. It very well may be clarified that family-focused practice includes an attention on working with families/whanau, not solely working with singular individual from families. This methodology is likewise consistent with biological hypothesis. As indicated by Bronfenbrenner (Berger, 2008, p.87), human improvement and family working can be impacted commonly by a layer of ecological angles like society and relationship. Likewise, unique individual is probably going to be interlinked surroundings from the home as a small scale framework to wide society or culture as a macrosystem. Hence, family-focused methodology can be powerful in managing family matters. Family Group Conference is a decent outline of this communitarian family-focused methodology. Discoveries of universal research (Kanyi, 2013, p.39) indicated that expanding on family qualities and working in organization with families to help youngsters turned out a beneficial outcome of kids’ prosperity. Notwithstanding, the importance of family has assorted relying upon setting and use. In New Zealand setting, legitimate meanings of family connections are changing so as to think about of social and social standards. There are assortment types of family in NZ, for example, true relationship, more distant families of Maori whanau and same sex family. Subsequently, as far as training, it ought to be viewed as the limits of family. Further thought ought to be given to monetarily, topographically, socially and socially minimized families. Social counselor, Choice and Partnership Approach and adaptable area of arrangements started by CAMHS can be urge to better commitment in social work practice (Appleby and Phillips, 2013, 29-30). All the more significantly, social work experts ought to have social competency. Culture can be characterized as a remarkable part of individual and a lifestyle. Upon the comprehension of natural hypothesis, families could share and be affected by culture as a full scale framework. Appropriately, obviously broad information about various societies can be valuable for understanding the customer’s practices, responses, and choices in social work setting. For instance, the utilization of te reo Maori, karakia and whakapapa when working with Maori family can be framed by indicating gratefulness and regard for their experiences that can add to more profound commitment and affinity (Mooney, 2012, p.51). Not just affinity is fundamental when working with Maori, however down to earth utilization of youth culture additionally can be valuable executes for youth to upgrade commitment. Another, viable relational abilities are center to great work with kids and families. Unmistakably the nature of connection among professionals and customers is a key determinant of fruitful results in all social work territories. In like manner, to build up close affinity with customers requires explicit method for correspondence relying upon person’s conditions. Specifically, little youngsters’ viewpoints ought to be considered in their procedures in social work setting. As indicated by The United Nations Convention on the Rights of the Child (UNCROC), approved by New Zealand in 1993, furnishes us with a reasonable basic to tune in to youngsters. Article 12 says youngsters reserve ‘the privilege to express those perspectives unreservedly in all issues influencing the kid, the perspectives on the kid being given due weight as per the age and development of the kid’ (UNICEF, 1989, Article 12). Winter (2010, p.186) found that little youngsters are prepared to do express their assessments in their exploration. Along these lines, working with youngsters requires adaptable techniques for correspondence, superb listening aptitudes and innovative methods for including kids simultaneously. Utilizing explicit methods for correspondence, for example, utilizing a creepy crawly gram outline, drawing and pretend can be powerful method for drawing out their perspectives (social work now, 2012, 36-37). In particular, Social specialists need to exhibit a similar elevated levels of compassion for a person’s conditions, regard for their desires and wants and credibility in reacting to them.>
