The Gazette 1971

66 Northern Lawyers Oppose Imprisonment Without Trial

A group of 66 lawyers in Belfast have issued a state- ment calling for an end to imprisonment without trial and the restoration of the rule o flaw by way of normal judicial process. The lawyers, barristers and solicitors from all over Northern Ireland, say that internment has been respon- sible for an escalation of violence rather than a reduc- tion of it. The lawyers' statement said : "We wish to express a public protest at the recent introduction of imprisonment without trial and the circumstances and manner in which it has been carried out. "Internment infringes a person's basic right to liberty and also infringes the legal principle that a person is presumed innocent until proved guilty, and for these reasons is basically repugnant to all lawyers. "If internment could in any circumstances be justified, Have you ever thought what happens to the estate if a husband and wife are killed together in a car smash? What happens if children die before their parents, leaving a family of their own ? Who would look after your children—educate them, feed and clothe them and provide them with somewhere to live if you were no longer here to do it yourself? How will the money to pay estate duty be raised without selling property which you and your family would not want to sell ? If you leave no will to pass on your most valued possessions they may well have to be sold simply to avoid a family squabble. Strict rules are laid down by legislation about the distribution of your property, but the law is inflexible and what is fair for one family may be unfair for yours. With no will to provide for her the widow may have to divide the estate with her children and this might even mean that her share is swallowed up in the value of the home, which she would want to keep, leaving little or nothing for her to live on. You may imagine that you are not wealthy enough to need a will; indeed you may have thought about it from time to time but put it off because it seemed a gloomy idea. A will is not a death warrant. It is a commonsense and legal method of making certain that your wife, husband, children or other dependants get the benefit from everything you leave when you die—your estate— and that each of them gets what you intended. If you leave no will at all and you have no immediate relatives, such as husband, wife or children all your hard-earned money could end up in the hands of a spendthrift and distant relative. The Succession Act, 1965, severely curtailed the free- dom of a married person to do what he or she wishes with his (or her) estate by will. The right of the sur- viving spouse (which is the legal term for husband or

which many lawyers do not accept, it certainly could not be justified in the recent manner of its imposition. "Prior to its imposition it was clear that general com- munity support for it was wanting and events since then have' tragically corroborated this fact and have also led to the conclusion that internment has been responsible for an escalation of violence rather than a reduction. "Its imposition in an apparently partisan fashion and the use of methods which have given rise to serious allegations of brutality are the cause of grave disquiet." The statement said that the failure of the policy of internment had been proved by events. It had regret- tably led to a deterioration in community relations and distressed many who were earnestly striving to establish a united society based on justice and equality before the law. The Irish Times (7th September 1971) wife) to a share of the estate (the size of the share will depend upon whether there are children or not) cannot be taken away by will. Children should have just and proper provision made for them, otherwise they may have a claim which will be enforced at law. Many people do not realise the actual value of their estates. It is quite easy for a person to die worth several thousand pounds if he owns a house, a car, a life assur- ance policy and some moderate savings. But even if all you leave is a layer of pound notes under the mattress, you should decide who is going to get them. There is nothing to stop you from buying a will form at a stationer's shop and writing out your own will. Unfortunately, this often leads to serious complications for the family because it is extremely difficult for the average man or woman to express beyond all legal doubt exactly what they want done with their belong- ings and in the case of a married person what their legal obligations are to the surviving husband, wife or children. Mistakes that might be made and doubts cast will only become known when it is too late to put them right. To avoid the risk of mistakes, it is always advisable to get a solicitor to draw up a will. This suggestion may sound like self-interest on the part of lawyers, but they make far more money sorting out the problems created by home-made wills and what they are supposed to mean, than they do out of drawing up proper ones. Before making the will the solicitor will look confiden- tially into your affairs and suggest how you can best provide most fairly for your children and other mem- bers of the family, advise on how estate duty is likely to affect things and what, if anything,, can be done about it, what legal obligations, if any, you have under the Succession Act, and also take into account many possibilities which you might never consider for your- self. It. is his job to ascertain your wishes and to express them so that they will be clear to everybody, have the legal effect you intend and accord with legislation and, bv the wav, the best time to make a will is when you are healthy, relaxed and clear sighted.

Have You Made Your Will? by a Legal Correspondent

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