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Helen's Law

Helen's Law refers to The Prisoner's (Disclosure of Information) Act that came into force in January 2021. This law means that criminals who do not disclose the location of the remains of their victims or the identity of victims of child abuse, cannot be granted parole for their offences. It is named Helen’s Law after the murder of Helen McCourt by Ian Simms in 1988. Simms was freed despite not disclosing the location of McCourt's remains and her mother Marie McCourt campaigned for a change in the law which passed through parliament in 2020 and came into effect the following year.

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True Crime & Justice | Helen’s Law: A Mother’s Long Fight For Justice

Helen’s Law: A Mother’s Long Fight For Justice

More than 30 years on from her daughter's murder, marie mccourt's fight for justice has changed the law..

Fiona Guy

In June this year, CrimeCon will be coming to London. A full weekend event designed to indulge true crime fans with talks from expert speakers, presentations and demonstrations, immersive activities, and opportunities to meet podcasters, authors, and TV personalities. But CrimeCon aims to do much more than entertain.

The weekend is about bringing people together. Providing education, knowledge, and understanding. And it is an opportunity to provide support and recognition to those who have been the victims of crime, and to the many families who are still fighting for justice.

I wanted to share with you the story behind two people who were at the very first CrimeCon to ever take place in the UK, in London in September 2021, Marie McCourt and Fiona Duffy, courtesy of CrimeConUK .

One day in February 1988, 22-year-old Helen McCourt went out to work as normal. But she never came home. That night, Marie McCourt’s identity as an ordinary, working mum was destroyed entirely. Helen’s disappearance triggered one of the largest missing person’s enquiries in the country. Due to overwhelming and ground-breaking forensic evidence, local pub landlord Ian Simms was charged and convicted of her murder. The case made global headlines as the first murder conviction without a body to use DNA evidence. It was also believed to be only the third ever ‘missing body murder’ conviction in Britain since the Second World War. Simms has refused to say where Helen’s body is, meaning her remains have never been recovered. The emotional anguish that this has caused Helen’s family cannot be expressed in text. But they have never given up on Helen. Determined that her daughter should have a decent, Christian burial, Helen’s devoutly Catholic mother Marie began a heart-breaking quest to find Helen’s remains and bring her home. The next three decades saw her embark on gruelling searches, become a champion for victims’ rights, and take her fight for justice all the way to Westminster. During her campaign, Marie met journalist Fiona Duffy. The two women forged a lifelong friendship resulting in countless articles and an award-winning campaign for justice for the families of missing murder victims; these awards include the UK Press Gazette British Journalism Awards for Campaign of the Year (2019) and the Journalism Matters Making a Difference Award (2020). Thanks to the tireless efforts of Marie McCourt and other campaigners, on 15th December 2020 Helen’s Law was passed. As Justice Secretary & Lord Chancellor Rt Hon Robert Buckland QC MP said: “Helen’s Law makes it absolutely clear that murderers and evil sexual offenders who refuse to disclose information about their victims should expect to face longer behind bars.” Together, Marie and Fiona have written ‘Justice for Helen’, a book detailing their campaign for justice. We are honoured that both Marie and Fiona will be appearing at CrimeCon UK in 2021, where they will be sharing their experiences around Helen’s harrowing case and the monumental legislative change that followed it. By providing a platform for the stories of victims and their families, we hope to honour those affected by crime and facilitate positive societal change.

helen's law case study

Justice For Helen by Marie McCourt with Fiona Duffy

“For over 30 years, Marie has searched, in vain, for her daughter’s body and campaigned tirelessly to prevent other families from facing the same horrifying fate, taking her fight to the houses of parliament. This is the incredible story of a mother, devastated by the loss of her daughter, who found the strength and determination to change the law.”

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Helen's Law

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  • British Crime

When a person goes missing, a clock starts ticking. With every passing second, the chances of a happy resolution – a joyful reunion with someone still living and breathing – diminish. But what happens if it’s the worst-case scenario? New true crime series When Missing Turns to Murder looks at killings where the victims’ bodies have never been recovered: the anguish it causes those closest to the lost, the difficulties it presents to detectives and courts, and the maddening motivations of the killers who stay stubbornly silent.

One of the most significant cases covered in the series is the murder of Helen McCourt, a young woman who went missing early one February evening in 1988. Excited about a date with her new boyfriend later that night, Helen was on her way home from work in Merseyside – a mundane journey during which she went missing after alighting from the bus. Minutes later, a scream was heard from the vicinity of a pub. The landlord of that pub was Ian Simms, whose charming and outgoing personality hid a capacity for shocking violence.

Investigations revealed traces of blood in his car, as well as part of an earring belonging to Helen. More forensic evidence, including blood stains and fibres from Helen’s clothing, were found in his flat above the pub. As clues mounted, it became clear that Simms – who allegedly had a long-standing grudge against Helen – had snatched her and killed her with awful audacity that February evening.

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helen's law case study

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He was handed a life sentence, yet the absence of a body has caused unending pain for her family, who have never had the chance to properly grieve and come to terms with their loss. As Helen’s mother, Marie McCourt, has written: 'For most parents, the thought of burying their child is their worst nightmare. But I’ve spent three decades fighting to do just that.'

Marie has spearheaded the campaign for 'Helen’s Law', which if passed would mean that killers will never be granted parole unless they reveal the whereabouts of their victims’ body. The campaign has gained widespread support from the public, as well as from MP Conor McGinn, and it was given a first reading in Parliament back in 2016. Since then, movement has stalled, with an expected second reading being sidelined in 2017 thanks to the general election.

Parliamentary bureaucracy means it's unclear whether Helen’s Law will ever come to pass. A glimmer of hope came in 2018, with Justice minister Rory Stewart saying in the House of Commons that 'There is something peculiarly disgusting about the sadism involved in an individual murdering somebody and then refusing to reveal the location of the victim’s body.'

His refusal to reveal where she is down to his stubborn refusal to admit his guilt.

However, the necessity of Helen’s Law has also been called into question, with some pointing out that a refusal to disclose the location of the body is already considered an aggravating factor when passing sentence or considering granting release on parole. There’s also the troubling question of those wrongfully convicted of murder, and how Helen’s Law might prevent genuinely innocent people from ever walking free.

This has been the excuse of Ian Simms, Helen’s killer. His refusal to reveal where she is down to his stubborn refusal to admit his guilt, despite the vast amount of forensic evidence against him. As MP Conor McGinn put it, 'his guilt has only been confirmed at every single appeals stage because of enhanced evidence against him.'

"I would rather be the mother of a murdered child, than be the mother of a murderous killer." #WhenMissingTurnsToMurder , premieres Monday 4th March at 9pm. pic.twitter.com/ORVMYyBEny — Crime+Investigation UK (@CI) February 25, 2019

What are the other possible reasons an offender may refuse to pinpoint the location of their victims? Simple psychological sadism could be a factor. Take the most infamous example of a missing victim: young Keith Bennett, who was snatched by the Moors murderers Ian Brady and Myra Hindley while on the way to visit his grandmother in 1964.

Brady toyed with the authorities – and Keith’s anguished mother – for decades over where the child had been buried. He even sent a letter to Keith’s brother way back in 1991, teasing that he would leave 'special instructions for you alone' regarding his brother’s whereabouts. Nothing came to pass. While Brady never had any hope of parole, meaning Helen’s Law would have been irrelevant to him, the case is an example of the cruel mindset of some killers who may use the mystery of their victims’ whereabouts as a form of leverage over the authorities. Helen’s Law could rob them of this power and force them to cooperate.

helen's law case study

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It could certainly make all the difference in the case of Stuart Campbell, the man convicted of murdering his teenage niece Danielle Jones in 2001. Campbell, who had an obsession with girls of her age, was convicted purely on forensic evidence, as Danielle’s body was never recovered. Indeed, the enigma of her location made initial detective work incredibly difficult, with police having faced the dilemma of whether to swoop down on their prime suspect immediately or monitor him in the hope of being led to the captive girl.

Despite his refusal to let the family have closure, Campbell will become eligible to walk free from prison in 2021. And, while it’s true that parole officials may reject him because of his refusal to cooperate about Danielle’s body, the very fact he – and murderers like him – are still technically able to petition for their freedom is reason enough for many to support Helen’s Law.

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helen's law case study

Helen's Law 

  • By   nbaughen
  • 13 Jan, 2021

Marie McCourt and Fiona Duffy at CrimeCon UK

helen's law case study

One day in February 1988, 22-year-old Helen McCourt went out to work as normal. But she never came home. That night, Marie McCourt’s identity as an ordinary, working mum was destroyed entirely.

Helen’s disappearance triggered one of the largest missing person’s enquiries in the country. Due to overwhelming and ground-breaking forensic evidence, local pub landlord Ian Simms was charged and convicted of her murder. The case made global headlines as the first murder conviction without a body to use DNA evidence. It was also believed to be only the third ever ‘missing body murder’ conviction in Britain since the Second World War.

Simms has refused to say where Helen’s body is, meaning her remains have never been recovered.

The emotional anguish that this has caused Helen’s family cannot be expressed in text. But they have never given up on Helen. Determined that her daughter should have a decent, Christian burial, Helen’s devoutly Catholic mother Marie began a heart-breaking quest to find Helen’s remains and bring her home. The next three decades saw her embark on gruelling searches, become a champion for victims’ rights, and take her fight for justice all the way to Westminster.

During her campaign, Marie met journalist Fiona Duffy. The two women forged a lifelong friendship resulting in countless articles and an award-winning campaign for justice for the families of missing murder victims; these awards include the UK Press Gazette British Journalism Awards for Campaign of the Year (2019) and the Journalism Matters Making a Difference Award (2020).

Thanks to the tireless efforts of Marie McCourt and other campaigners, on 15th December 2020 Helen’s Law was passed. As Justice Secretary & Lord Chancellor Rt Hon Robert Buckland QC MP said: “Helen’s Law makes it absolutely clear that murderers and evil sexual offenders who refuse to disclose information about their victims should expect to face longer behind bars.”

Together, Marie and Fiona have  written ‘Justice for Helen’, a book detailing their campaign for justice. We are honoured that both Marie and Fiona will be appearing at CrimeCon UK in 2021, where they will be sharing their experiences around Helen’s harrowing case and the monumental legislative change that followed it. By providing a platform for the stories of victims and their families, we hope to honour those affected by crime and facilitate positive societal change.

helen's law case study

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helen's law case study

  • Crime, justice and law
  • Prisons and probation

Helen’s Law takes vital step closer

Murderers and paedophiles who hold back information on their victims could spend longer behind bars as a bill to enact ‘Helen’s Law’ enters parliament today (15 October 2019).

Helen McCourt

  • bill to introduce ‘Helen’s Law’ enters Parliament today (15 October 2019)
  • criminals who withhold information on victims could spend longer behind bars
  • new law could also block paedophiles from release

‘Helen’s Law’ follows the tireless campaigning of Marie McCourt, mother of Helen McCourt who was murdered in 1988 but whose killer has never revealed her body’s location.

It will place a legal duty on the Parole Board to consider the cruelty of killers who refuse to give the location of a victim’s remains when assessing their release.

The Bill will also now apply to paedophiles who take indecent images of children but refuse to disclose their identity and could therefore see them locked away for longer.

‘Helen’s Law’ is the government’s latest move to overhaul the criminal justice system – following steps to recruit 20,000 new police officers, invest £2.5 billion in prisons and review sentencing to protect the public from the most violent and sexual offenders.

Justice Secretary & Lord Chancellor Rt Hon Robert Buckland QC MP said:

Innocent families should never have their grief compounded by offenders who refuse to disclose information on their victims. Not only will this Bill help prevent the torture of families in Marie’s situation but we also believe evil sexual offenders who refuse to identify victims should face longer behind bars. Helen’s Law should send another clear signal that under this government the most violent and sexual offenders can expect to serve sentences that reflect the true severity of their crimes.

The Prisoners (disclosure of information about victims) Bill was announced yesterday (14 October 2019) in the Queen’s Speech and is one of the first pieces of legislation to be introduced in the new parliamentary session.

Parole Board guidance is already clear that offenders who withhold information may still pose a risk to the public and could therefore face longer in prison. ‘Helen’s Law’ will for the first time make it a legal requirement to consider the withholding of information when making a decision on whether to release an offender.

Human rights legislation protects against arbitrary detention, and the proposed new law balances this with the need to keep the public safe. The proposals also take into account instances where, for example, a murderer may genuinely not know the location of a victim’s body if it has been moved.

Notes to editors

  • The Prisoners (disclosure of information about victims) Bill will put in statute, and therefore beyond doubt, the Parole Board’s established practice of considering a failure by an offender to disclose specific information when deciding on parole for those convicted of murder, manslaughter, or taking, or making, indecent photographs of children.
  • Courts can already pass tougher sentences for murderers who deliberately conceal the location of a body.
  • The changes to the release test build on wider reforms to the parole system, announced earlier this year, that will allow victims the opportunity to request the reconsideration of a release decision. This forms part of sweeping changes to bring more transparency and accountability to the parole process and improve the support to victims.
  • Applications for reconsideration will only be merited where there is a clear likelihood that the process may have been procedurally or legally flawed. It will not apply to decisions which are challenging and unpopular but have nevertheless clearly been carried out strictly in line with the lawful requirements and normal standards of practice for Parole Board members.

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Helen’s Law brought into force after years of campaigning

Laws have come into force in a bid to make it harder for killers to get parole if they refuse to reveal where they hid their victim’s body.

helen's law case study

The Prisoners (Disclosure of Information About Victims) Act 2020, known as Helen’s Law, was enacted just after midnight.

Named after insurance clerk Helen McCourt, who vanished on her way home from work in 1988, the law will also apply to paedophiles who refuse to identify those they abused.

Ms McCourt’s murderer, Ian Simms, was released last year despite never saying where he hid her body.

Her mother Marie McCourt spent five years calling for the legislation before it finally gained Royal Assent in November after a series of political and constitutional setbacks.

Under the law, killers could still be released if no longer deemed a risk to the public even if they refuse to disclose information. But the Parole Board will be legally required to consider whether they have cooperated with inquiries as part of their assessment.

Human rights laws prevent the UK introducing a “no body, no parole” rule, which the Government warned may have faced successful legal challenges in the courts.

It is hoped the form the legislation has taken will lead to more killers owning up to their crimes, providing answers for grieving families.

In a post on Twitter, the Helen’s Law campaign group said: “After five years of campaigning, three quarters of a million signatures of support, two trips to Downing Street, three visits to Parliament and countless meetings with MPs and ministers, Helen’s Law was added to the statute book at 00.01 am today. Thank you for supporting.”

Justice Secretary Robert Buckland he was “delighted” Helen’s Law had been enacted, adding: “Marie McCourt and other campaigners can be immensely proud. Thanks to their efforts more families should get the answers and closure they deserve.”

Last month, Parole Board chief executive Martin Jones told the PA news agency that although prisoners will be questioned, and failure to cooperate may not work in their favour, the Parole Board must release them if it is decided they are no longer a risk to the public, but he insisted the circumstances would be taken into account “very carefully” and will “add weight to our decision-making”.

Mr Buckland said the law sent a “clear message” that “those who refuse to disclose information about their victims should expect to face longer in prison”.

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IPSA LOQUITUR

St Helen's Smelting Co v Tipping – Case Summary

St helen’s smelting co v tipping, house of lords.

Citations : (1865) XI House of Lords Cases (Clark’s) 642; 11 ER 1483.

The claimant owned a manor surrounded by a large estate of trees and plants. Nearby was an industrial district. The defendant engaged in copper smelting in a factory within that district. Fumes from the factory caused damage to the claimant’s trees and plants. The claimant sued the defendant in private nuisance for the damage.

  • Was the defendant’s copper smelting reasonable user?

The House of Lords held in favour of the claimant. The character of the neighbourhood was irrelevant in this case: it is always unreasonable to use land in a way which damages another person’s property.

This Case is Authority For…

User of land which caused property damage is automatically unreasonable, no matter the character of the neighbourhood or any other factors.

There was also a dispute in this case over whether the defendant’s activities had been taking place before the claimant bought his land. The defendant had argued at trial that the claimant had ‘come to the nuisance’ and that this was essentially a defence. The trial judge rejected the idea that there was any such defence. The House of Lords did not directly comment on this point, but approved of the trial judge’s judgment in general.

helen's law case study

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The essential cases every law student should know

Cases capture human stories, shape public debate and establish new expectations of the state. Their wider effect can reflect society's consciousness but often lead to new laws. Cases and judges' decisions are a law student's bread and butter. Here are a few you will come across:

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In 1932 Mrs Donoghue launched the modern law of negligence, after finding her ginger beer less than appealing. Known to generations of law students as the "snail in the bottle" case, it is best known for Lord Atkin's famous neighbour principle. In declaring we should take reasonable care to avoid harm to those we foresee can be affected, he established when we owe duties to each other. Accidents and injuries were forever to be reshaped into claims and compensation.

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Known as the Belmarsh decision , there is no modern case that better sets the boundary between national security and civil liberties. Decided by a panel of nine law lords, the 2004 decision became an important milestone in judges protecting both the rule of law and human rights. In a challenge to the Labour policy of indefinitely detaining foreign terrorist suspects without charge, the majority declared the British state acted illegally and in a discriminatory way. In his powerful rejection, Lord Hoffman stated "The real threat to the life of the nation… comes not from terrorism but from laws such as these."

Spanish fisherman

Providing the legal backdrop to a decade of EU-scepticism is the 1991 case of Factortame , this case on the rights of Spanish fisherman to fish in British waters is a mainstay on any public law course. It confirmed the priority of European laws over UK acts of parliament and thus struck a blow against parliament's legal supremacy. In so doing it provoked much constitutional debate about the extent of EU legal powers - and Britain's relationship with Europe as a whole.

Officially the longest case in English legal history, this ten year David v Goliath libel battle exposed the price of justice when corporations take on individuals. The fast food giant sued green campaigners David Morris and Helen Steel for libel over a stinging pamphlet criticising the their ethical credentials. McDonalds walked away with both a win and a PR disaster. The European court of human rights later declared in 2005 that the pair, who were unfunded and were representing themselves, had been denied their right to a fair trial.

Jodie and Mary

In the year 2000 the plight of conjoined twins made front page news . The question was whether it was justified to separate and knowingly "kill" the weaker Mary in order to save her stronger sister Jodie, given both were destined for a premature death. In spite of parents favouring non-separation, doctors wanted a declaration that such an operation would be lawful. In a maze of ethical and legal conflicts, Lord Justice Ward rather hollowly declared that "this is a court of law, not a court of morals."

After admitting to sleepless nights, the judges allowed the doctors to separate. Lord Justice Brooke declared the situation as one of necessity, allowing the option of a lesser evil. The stronger twin survived and made a full recovery. The thankfully rare case, otherwise found in philosophy debates, demonstrates the relationship between law and morality, perhaps one of the first questions on a legal theory course.

Domestic abuse

A year after marital rape was declared rape in 1991, came the case of Kiranjit Ahluwalia , who had been abused for over a decade by a violent husband. She was convicted of murder after setting her husband alight as he slept. In recognising long-term domestic abuse and the possibility of a slow-burn anger that led to her snapping, the case was a cause célèbre for feminist and domestic abuse groups. Though finally the decision in the end was based on diminished responsibility, it was seen as a benchmark for tackling the gender bias in the criminal law and raising public awareness of domestic abuse. Ahluwalia's conviction was reduced to manslaughter, and she was freed.

International human rights law received a global TV audience in 1998 after former Chilean dictator General Pinochet was arrested in London. Under the rules of universal jurisdiction, he was detained following a Spanish extradition request facing charges of crimes against humanity. The law lords declared that there could be a limit to the immunity enjoyed by heads of states. Though Pinochet was never extradited, the case sent out a strong message about accountability for leaders who commit human rights abuses,before the international criminal court was established.

The case is also well known among lawyers when after the first hearing it was disclosed that that one of the ruling law lords, Lord Hoffmann, was a director of Amnesty International, a party to the cases. The entire hearing had to be repeated to show that "justice must not only be done but be seen to be done."

The internet age

Injunctions, twitter, privacy and the extra marital activities of footballers were all the rage in early 2011. Nothing struck up more attention than the application for an injunction by Ryan Giggs against the Sun. His name was widely tweeted and the situation became more farcical when MP John Hemming revealed his name in the House of Commons. The debate forced the law to react to an age of the internet and social media. The case followed a long line of celebrity court battles in the 2000's, and became another marker in the debate between balancing freedom of expression and the right to a private life.

From across the Atlantic arguably no case better demonstrates the political and social impact of judicial decisions. The landmark decision in 1973 upheld a woman's right to an abortion. Synonymous with abortion in the USA. Hundreds of thousands march on the US supreme court on the anniversary of the decision each year.

Any of Denning's cases

In our common law system, many judges leave their mark on a particular area of law. However clichéd, no judge will live longer in the memory of law students than the controversial Lord Denning. He demonstrates the power of personality in a subject that is often seen technical, dry and rule-based. In the words of Lord Irvine, "the word Denning became a byword for the law itself." Denning reminds us that all cases are eventually decided by individuals who are made up of values and personal perspectives that make them who they are. Students , you are encouraged to think, debate and learn the law in the same spirit. Good luck.

Are there any need-to-know cases missing from this list? Add them in the comments below.

  • Studying law
  • UK criminal justice
  • International criminal justice
  • Universal jurisdiction
  • Injunctions

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Case Study 1 Frank and Helen are not married. Helen has a child...

Case Study 1 Frank and Helen are not married. Helen has a child (Mary) from a prior relationship. (The father of Mary is deceased.) Frank and Helen have been living together for several months. After an argument, Frank leaves to live with his mother. He and Helen have phone conversations about getting together again and about Frank adopting Mary. They occasionally date, but do not resume their prior living arrangement. Frank is very fond of Mary and repeats his wish to adopt her. He sends Helen money to help support Mary and promises that he will go through with the adoption once everything settles down. On several occasions, he takes Mary on outings. When Helen was sick, Mary lived with Frank at his mother's home for a month. 

1. Can Frank adopt Mary? 

2. Would a court treat Mary as the adopted child of Frank if he died without going through the formal procedures of adoption?

3. Helen does not tell Frank that she is pregnant with his child. When the baby is born (whom she names Sam), Helen arranges for her cousin to adopt the baby. Frank does not learn about the adoption until after the adoption petition is filed. When Frank was not told about the birth of Sam, which of Frank's constitutional rights was interfered with?

4. Frank hires an attorney to try to stop the adoption of Sam. He is willing to take a paternity test. He also tells Helen that he would support Sam and raise him with the help of his (Frank's) mother. By these actions, what is Frank demonstrating?

5. Assume that Frank did not learn about the adoption of Sam until after the adoption by Helen's cousin was finalized. Is there anything that Frank could have done to protect his rights before that time?

Case Study 2

Rich is a widower who lives alone with Dave, an eight-year-old foster-care child who has been living with Rich for seven years. Rich is the father of Lena and Bill, adult children he had with his now-deceased wife. Because of disabilities, the child-welfare agency that placed Dave with Rich says that it is unlikely that anyone will adopt Dave. Rich tells the agency that he will soon adopt Dave. Rich has always told everyone that Dave is his son. He helps Dave with his homework and gives him chores around the house. Frequently, he takes Dave to family gatherings such as Thanksgiving, Christmas, and birthdays at the homes of Rich's brothers and sisters. Rich, however, dies before he can formally adopt Dave.

1. Is Dave the adopted son of Rich?

2. Assume that Rich is the adoptive parent of Dave (by formal adoption or by equitable adoption) and that when Rich died, he did not have a will. What is Dave's rights to his estate?

3. Assume that Rich is the adoptive parent of Dave (by formal adoption or by equitable adoption) and that Rich dies with a will that specifies that his entire estate should be divided equally by "my children." In most states what would the children's interest be in his estate?

4. Assume that Rich is the adoptive parent of Dave (by formal adoption or by equitable adoption) and that Rich's sister Ann dies without a will. What is Dave's interest in her estate?

5. Assume that Rich is the adoptive parent of Dave (by formal adoption) and that the adoption was arranged by the Happy Valley Adoption Agency, a licensed private agency. Assume further that Happy Valley never told Rich about Dave's disabilities and that Rich did not find out about them until after the adoption was finalized. Is there anything Rich can do?

Answer & Explanation

case study 1

Frank's eligibility to adopt Mary is subject to a number of legal restrictions. In general, in order to adopt a child, a person must fulfill the legal conditions set out by their state of residence, which might vary. Frank cannot instantly adopt Mary since he and Helen are not wed. But, if Frank wishes to adopt Mary, he must have Helen's approval as well as the approval of any other legal parents, or get that parent's parental rights terminated. Mary's rights as a result of her dead father must also be taken into account. If the dead father's parental rights were not terminated prior to his passing, it may not be feasible to adopt the child without first through further legal processes.

Moreover, a home study and background check of the adopting parent are required in the majority of states throughout the adoption process. Frank could be eligible to adopt Mary if he satisfies these conditions, gets Helen's approval or a termination of parental rights from the father's executor.

Mary wouldn't legally be Frank's adoptive kid if he passed away before properly adopting her. A kid is often only regarded as legally adopted if the correct legal steps are taken. Frank had to have followed the official adoption procedure if he had wanted to legally adopt Mary in order to ensure that his rights and connection with her were recognized.

Helen's failure to tell Frank about the birth of their son Sam may have interfered with his constitutional right to due process. Before their rights are violated, persons must be given notice and a chance to be heard under the rules of due process. In this instance, Frank was denied the chance to establish his parental rights over Sam since Helen neglected to tell him about Sam's birth.

Frank is showing his willingness to exercise his parental rights over Sam by hiring a lawyer to attempt to halt the adoption of Sam. He is expressing his desire to support and raise Sam with the aid of his mother and is prepared to submit to a paternity test to establish his biological connection to Sam. Frank's behavior suggests that he is eager to create a legal connection with Sam and is eager to be active in his child's upbringing.

It could be more challenging for Frank to assert his parental rights if he didn't find out about the adoption until after it had already been completed. He may, however, contest the adoption by requesting that it be quashed or overturned. This would depend on the adoption's specific circumstances and state adoption legislation. Frank could also try to prove his paternity before asking for custody or visiting rights. The alternatives open to Frank would depend on the particulars of the case as well as the regulations of the state where he lives.

case study 2

Dave is not Rich's adoptive son, no. Although though Rich had said he wanted to adopt Dave, he had not yet taken official steps to do so before he died away. A legal link between the adoptive parent and the kid is created through the adoption procedure, which also entails the termination of the biological parents' rights. Dave is not Rich's legal son since Rich had not finished the adoption procedure.

If Rich had formally adopted Dave, Dave would be regarded as Rich's kid and have the same rights to inherit from Rich's inheritance should Rich pass away without a will (without a will). State-specific intestacy rules differ, but generally speaking, if Rich died without a surviving spouse, Dave and his siblings would get an equal share of his assets. It is crucial to remember that only certain jurisdictions accept equitable adoption, which happens when a kid is not legally adopted but is considered as a natural child by the adoptive parents. Rich's estate would not be Dave's to inherit if the state in which they both resided did not recognize equitable adoption.

David would be entitled to an equal part of the inheritance together with Lena and Bill, Rich's biological children, assuming Rich had a valid will that stated that "my children" should split his whole fortune equally. The phrase "children" refers to both biological and adoptive children in the majority of states. In this case, Dave would be entitled to an equal portion of the inheritance as Rich's lawfully adopted kid.

If Rich's sister Ann passed away without leaving a will, her wealth would be divided in accordance with the intestacy rules of the state in which she resided. In most jurisdictions, Ann's inheritance would be split evenly among her siblings, including Rich, if she had no surviving husband or children. Rich's part of Ann's inheritance would transfer to his heirs if he had predeceased her. David would not have any direct claims to Ann's assets since he is neither Rich's biological kid nor his adoptive child, unless Rich included Dave as a beneficiary in his will.

Rich could be able to sue Happy Valley for fraud or misrepresentation if they neglected to tell him about Dave's limitations. Dave's legal standing as Rich's adoptive kid is unaffected by the fact that he has impairments. Rich would still be a parent under the law, with all the rights and obligations it entails, including the duty to care for and support Dave. If Rich is worried about meeting Dave's requirements, he may want to look into local options that might help him take care of a kid with special needs. For Dave's requirements to be addressed after his death, he may also think about creating a special needs trust or other legal measures. It is crucial to keep in mind that each state has various regulations for adoption and the responsibilities of adoption agencies. Rich should thus speak with a lawyer knowledgeable with the adoption laws in his state to learn more about his choices and legal rights.

There are several different legal conditions that need to be met before Frank may adopt Mary. In order to adopt a child, the adopting parent must, in most cases, satisfy the conditions set out by the applicable state legislation, which might vary significantly depending on the state in which the parties live. As Frank and Helen are not married, he is unable to adopt Mary without Helen's consent. But, if Frank wishes to adopt Mary, he would either need to acquire the approval of Helen and any other legal parent in order to do so, or he will need to seek a termination of the other legal parent's parental rights in order to do so. The rights of Mary's late father, who has since passed away, must also be taken into account throughout this procedure. If the biological father's parental rights were not terminated before he passed away, then it is likely that the adoption cannot take place without the completion of further legal processes.

In addition, the adoption process in the majority of states requires a home study as well as a background check of the prospective adoptive parents. There is a possibility that Frank will be able to adopt Mary if he satisfies these conditions and is able to secure Helen's approval or a termination of parental rights from the legal representative of Mary's biological father.

If Frank were to pass away prior to Mary being properly adopted by him, then the law would not regard Mary to be Frank's adopted child. In most cases, a child may only be deemed to have been officially adopted after the completion of all of the necessary legal steps. If Frank had meant to adopt Mary, he should have gone through the legal adoption procedure to ensure that his rights and connection with her were recognized. This would have ensured that he was able to exercise parental rights over her.

It's possible that Frank's constitutional right to due process was violated when Helen failed to tell him about the birth of their son, Sam, even though she was legally required to do so. Before an individual's rights may be infringed upon, they must first be provided with notice of the impending action and a chance to voice their concerns. As a result of Helen's reluctance to tell Frank about the birth of Sam, Frank was unable to exercise his legal rights as Sam's biological father and was denied the chance to do so.

Frank's intention to exercise his parental rights over his kid is made clear by the fact that he has retained legal representation in an attempt to thwart Sam's adoption. He is willing to undergo a paternity test in order to show that he is biologically related to Sam, and he is also expressing his desire to financially support and raise Sam together with the assistance of Sam's mother. The behavior of Frank reveals that he has a great desire to be engaged in the life of his kid and that he wants to have a legal connection with Sam.

It may be more challenging for Frank to defend his parental rights if he did not find out about the adoption until after it had been completed and he was already a father. On the other hand, he could be able to contest the adoption by requesting that it be canceled or undone. This is something that would be determined by the specifics of the adoption as well as the regulations of the state that control adoptions. There is also the possibility that Frank may try to prove paternity and then proceed to file a petition for custody or visiting rights. The particulars of the situation and the regulations of the state in which Frank lives will determine the choices that are open to him about how to proceed with the case.

Rich did not bring Dave into the world as one of his own children. Rich had indicated that he intended to adopt Dave, but at the time of his passing, he had not yet taken the necessary legal steps to do so. Legally speaking, "adopting" a kid means "terminating the rights" of the child's biological parents and "establishing a legal connection" between the child and the adoptive parents. This occurs as part of the adoption procedure. Since Rich had not finished the adoption procedure when David was born, Dave is not deemed to be Rich's son under the law.

If Rich had legally adopted Dave, then Dave would be considered Rich's child, and he would have the same rights to inherit from Rich's estate as any other biological or adopted child in the event that Rich died intestate. If Rich had not legally adopted Dave, then Dave would not be considered Rich's child (without a will). The regulations governing what happens when there is no surviving spouse are different in each state, but in general, Rich's estate, which includes David, would be split evenly among all of his children if there was no surviving spouse. On the other hand, it is essential to be aware that equitable adoption, which takes place when a kid is not legally adopted but is treated as if they were the adoptive parent's natural child, is only recognized in certain states. This fact is vital to keep in mind. If Dave did not have any rights to Rich's inheritance because the state in which he and Rich resided did not recognize equitable adoption, then Rich's estate would go to Dave.

If Rich had a legal will and it said that his whole estate should be shared equally by "my children," then Dave, in addition to Lena and Bill, who are Rich's biological children, would be entitled to an equal portion of the estate. Rich's will would be considered lawful. In the majority of states, the phrase "children" refers to both biological children and children who have been adopted. As a consequence of this, Dave, who is Rich's legally adopted kid, would have the right to an equal portion of the inheritance if the situation in question were to play out.

In the event that Rich's sister Ann passed away without leaving a will, her wealth would be divided up according to the rules that govern cases of intestacy in the state in which she resided. Rich would get an equal share of their mother Ann's inheritance along with the rest of their siblings in the majority of states if Ann had passed away without leaving behind a spouse or children. If Rich had passed away before Ann, then his heirs would have been entitled to inherit his portion of Ann's fortune. As Dave is neither Rich's biological or adoptive kid, he does not have any direct rights to Ann's inheritance. In order for David to be a beneficiary of Ann's estate, Rich would need to name him as such in his will.

Rich may have a legal case against Happy Valley for fraud or misrepresentation if the agency neglected to inform him about Dave's limitations when they were asked about them by him. The fact that Dave suffers from impairments, on the other hand, will not have any bearing on his standing as Rich's adopted kid under the law. Rich would continue to retain all of the legal rights and duties that come along with being a parent, including the need to pay for Dave's care and support in a financially stable manner. Rich may wish to investigate the community services that are available to help him in caring for a kid who has a disability if he is worried about meeting Dave's requirements and providing for his needs. In addition, he should think about creating a trust for people with special needs or other legal processes in order to make certain that Dave's requirements would be addressed after he has passed away. It is essential to keep in mind that the rules governing adoption and the duties of adoption agencies might vary significantly from one state to the next. As a result, Rich need to have a conversation about his choices and legal entitlements with an attorney who is well-versed in the adoption legislation of his state.

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IMAGES

  1. Helen's Law: A Mother's Long Fight For Justice

    helen's law case study

  2. What is Helen's Law and who was Helen McCourt, who it is named after

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  3. What is Helen's Law? New bill means paedophiles and murderers refusing

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  4. Helen's Law to deny parole to murderers who refuse to say where victim

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  5. Helen's Law comes into force in memory of murdered insurance clerk

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  6. Family led campaign for Helen’s Law

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  3. Helen's Law: A Mother's Long Fight For Justice

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  5. PDF 'Helen's Law'

    Summary. 'Helen's Law' refers to a proposal that the law should be changed to prohibit the release on parole of offenders who were convicted of murder and have failed to reveal the location of the body of their victim. The campaign for 'Helen's Law' is led by Marie McCourt whose daughter, Helen, was murdered in 1988.

  6. Helen's Law: Killers could still be freed despite new law

    23 December 2020 PA Media Marie McCourt had hoped her daughter's killer would never get parole Killers who refuse to reveal where they hid a body could still be freed despite new laws aimed at...

  7. Mum's relief as Helen's Law passed unopposed

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  11. Helen's Law 'may come too late', says victim's mother

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  16. Understanding Helen's Law: Impact on Parole for Non-Disclosure

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  17. Murder of Helen McCourt

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  19. St Helen's Smelting Co v Tipping

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  22. Case Study 1 Frank and Helen are not married. Helen has a child

    case study 1 1. There are several different legal conditions that need to be met before Frank may adopt Mary. In order to adopt a child, the adopting parent must, in most cases, satisfy the conditions set out by the applicable state legislation, which might vary significantly depending on the state in which the parties live.