June 2019

Features

Probate debate

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Probate disputes are on the rise, says Devorah Ormonde of local solicitors Wiseman Lee, who explains why making a will needs professional assistance to discourage claims against your estate after your death.

Recent research has found almost half of UK adults have no form of will at all, with 25% of people having no intention to make a will. Of those who do have a will, many are being prepared without professional assistance, as DIY wills can be purchased online quite cheaply.

However, the increase in the number of probate disputes being heard at the High Court – which in 2018 totalled 368 cases, up from 282 in 2017 and 227 in 2016 – may be linked to a rise in the number of DIY wills being made in the UK.

The Law Society is blaming the rise in probate disputes on people making DIY wills. Creating a will may be a complicated legal process. As a result, when wills are made without professional assistance, they may be unclear, omit key information or fail to comply with the legal requirements a will must adhere to. This can lead to applications needing to be made to the court to interpret the wording of the will or to challenge its validity. DIY wills can often contain mistakes that make them difficult to administer or render them illegitimate.

Even where there is no question of the validity of the will, it is still possible for a claim to be made in relation to a person’s estate after their death. Under English law, a person making the will can dispose of their estate as they wish. However, certain people can bring a claim under the Inheritance (Provision for Family & Dependants) Act 1975 for reasonable provision to be made for them when they have not been included in a will at all or consider what has been left to them is insufficient.

Those who can bring such a claim include a surviving or former spouse or civil partner, a child or any person treated by the deceased as a child of the family, those who were maintained by the deceased immediately before their death and anyone who has lived under the same roof as husband and wife or as civil partners for a period of two years immediately prior to the death.

If you consider there are people who may wish to object to the distribution of your estate in accordance with your wishes, it is highly recommended that you instruct an experienced solicitor to prepare your will. You can then explain why you have decided to leave your estate in the way you have done, and a statement can also be prepared to be kept with your will setting out your reasons. This can then be supplied by the executor to a disappointed beneficiary after your death to discourage a claim.

There is no need for you to discuss the contents of your will with any beneficiaries during your lifetime, but you may wish to do so if you feel this could avoid a dispute occurring after your death.

Wiseman Lee is located at 9–13 Cambridge Park, Wanstead, E11 2PU. For more information, call 020 8215 1000
FeaturesObituaries

Wanstead’s loss: Clive Fenner

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Following the recent death of Wanstead resident and jazz drummer Clive Fenner – who founded the East Side Jazz Club – Robert Maitland explains how he and fellow musicians will keep his legacy alive

Clive Fenner was a popular, respected and well-liked figure on the Wanstead scene and many local people, as well as those from far-off places, have remarked on the sad news of his passing away on 28 April following a two-year battle with cancer. We have lost a warm personality in our neighbourhood and beyond.

Clive was born in Writtle, Essex in 1949. He went to teacher training college in Walsall and later went on to complete a Masters in Philosophy. Clive moved to Wanstead after marrying and taught Philosophy of Education at Havering College for 15 years.

Clive worked hard at being a jazz drummer, educator and promoter. He founded the East Side Jazz Club in Leytonstone with Martin Hathaway in 1994, featuring the cream of British jazz musicians. To name but a few that have passed through the club’s doors: Kenny Wheeler, Peter King, John Etheridge, Ian Carr, Michael Garrick, Alan Barnes, Jason Yarde, Zoe Rahman and the John Altman Big Band. The club has been running successfully on a Tuesday night for 25 years now. There cannot be many jazz clubs able to boast of such longevity. It has always been run as a non-profit making concern, affording access to a wide audience. His inspiration provided a top-flight jazz club in east London, a feature that had been absent for a long time in the area.

The year after setting up the jazz club, Clive founded the International French Jazz Summer School, where professional and amateur jazz players alike could receive and give tuition in a very relaxed atmosphere, including a young Jamie Cullum.

In 2001, Clive embarked on a venture further afield. He started the Cuban Music School where jazz musicians could learn and experience Cuban music first-hand in Old Havana. Musicians from Buena Vista Social Club, Sierra Maestra, Omar Puente and others tutored musicians that had been attracted globally to this event, creating a rich mix of cultures.

In 2012, Clive recorded his first CD Get It to good reviews, featuring his quartet Martin Hathaway, Geoff Gascoyne and Mark Ridout. A second CD followed in 2016 with the addition of Jim Watson on piano.

Clive Fenner’s contribution has provided a rich source of education and enjoyment to so many musicians and jazz enthusiasts, not only in east London but to others in the UK and abroad. Many notable tributes to his influence have been received in response to his passing. It is only fitting, and it is what he would have liked, that his legacy is maintained. A group of volunteers are therefore determined to keep the East Side Jazz Club running, hopefully for another 25 years.

For more information on the East Side Jazz Club, visit wnstd.com/jazz