Baker & Duke, Ilminster's leading solicitors' practice, has joined forces with the Ilminster Town Council and the Ilminster Chamber of Commerce to support a tree-planting scheme at Swanmead School. Ken Purchase, the firm's Practice Manager, says "We are delighted to support the Chamber of Commerce in this way. Ilminster has a great community spirit and we have been part of that since 1785. Future generations will be able to enjoy the trees as the town itself goes from strength to strength."

Lawyer warns change in law for unmarried couples may be “unworkable”.

The Law Commission has announced a public consultation on modernising the law dealing with inheritance on the death of someone who has not made a will. The proposals will, if implemented, have wide ranging effects for both spouses and unmarried partners of those dying without having made a will.

Commenting on today’s Law Commission announcement on modernising inheritance law, Chris May, senior lawyer with west country and London law firm, Baker & Duke said “Lawyers will be looking at the Law Commission’s proposals with keen interest. In seeking to make changes to inheritance law to reflect changes in society, the Law Commission risks recommending a system which could prove to be unworkable in practice. ”

Chris says “As a lawyer, I fully support changes to the law which allow additional rights to unmarried partners who have lived together a long time or have children where the deceased partner left no will. However, we have to ensure that any changes to the law are clear and fair. For example, an unmarried partner without children would need to show that they had lived together “continuously” for five years under the present proposals to gain the same share of the deceased partner’s estate as a spouse. This is bound to lead to difficulties of proof and evidence and with it possible challenge from other potential beneficiaries.”

“For couples the simple answer may be for them to sign a mutual declaration, evidenced and witnessed by a lawyer, confirming the length of their cohabitation and that it has been continuous: under the present proposals couples would be well advised to do that after 2 years, since this is the starting point for a claim entitling them to one half of the other’s assets on death without leaving a will”.

He concluded “there is bound to be huge debate over these proposals which could, potentially, have a massive impact on unmarried partners. Lawyers will be keen to ensure that the opportunity for reform does not translate into uncertainty and frustration”.

Baker and Duke joins Poole & Co LLP

Poole & Co has merged with the long established Ilminster firm of Baker and Duke. The firm, founded in 1785, has served many generations of families across Somerset and the south-west. Heading the Ilminster office is Chris May who has rejoined Poole & Co following a career in regional law firms and in London.

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