EWJ June 2024 web - Journal - Page 61
l Did the testator make extreme changes from a
previous will excluding close family and providing a
substantial benefit to an alternative individual?
Professor Simon K Harding
Criminology Expert Witness
l Was the testator under pressure from an individual
with threats, coercion, or deceit on the contents of
their will?
Dr. Simon Harding is a Professor in Criminology at the University of West London,
(UWL). He works independently on private commissions of research, consultancy and
as an Expert Witness.
With over 35 years of practitioner/professional experience in criminology, crime
reduction and community safety with careers at the Home Office, Hackney council,
Islington council and as Crime Reduction Director in Lambeth. He has worked on
over 2,500 UK social housing estates, authored numerous reports and in 1999
invented Acceptable Behaviour Contracts (ABCs).
Undue influence claims are very hard to prove. To
succeed, the court must be satisfied that the undue influence caused the testator to act in a way other than
by their own free mind when executing the will. Substantial evidence demonstrating the actual undue influence will be required. This need not be restricted
to witness evidence from the party bringing the claim.
Evidence from other parties, even if they have no interest in the deceased’s estate, can also be included.
Now Director of the National Centre for Gang Research at UWL and advises the
Home Office, MPS, NCA and HMICFRS on youth violence, gangs, knives and county
lines. He is a skilled and experienced qualitative interviewer and research director. He
liaises regularly with young people who are gang-affiliated or gang active and actively
participates in fieldwork and research with young people.
Expert Witness
Dr Harding acts as an Expert Witness for both Defence and the Crown. He has
undertaken Expert Witness Training with the Academy of Experts and holds
Certificates in training in the foundation course, Understanding Law and Procedure
Rules and Into Court. He is registered with the National Crime Agency Major Crime
Investigative Support, Expert Advisers Database.
Conclusion
Whilst it is not possible to ensure that no challenge will
be brought as regards the validity of your will, a will
drafted by a legal representative can ensure that the
best protection possible is given to testators in making
a valid will as they should satisfy themselves that the
testator has testamentary capacity, understands the
will they are making and that the contents truly reflects their wishes. If you are considering having a will
drafted, please contact our specialist wills, trusts and
probate team.
Key areas of expertise for reports and court appearances include:
• Street Gangs, gang dynamics and behaviours
• Criminal Exploitation; debt bondage; duress; vulnerabilities
• County Lines; drug dealing and drug dealing networks
• Knife crime; kidnapping; Drill music videos
• The Street Code and no snitching
• Modern slavery and NRM Decisions
Dr Harding also acts as an Expert Advisor.
Area of work: Nationwide and International
Tel: 07498 985161
Email: simonk.harding@outlook.com - Alt Email: info@criminologyservices.co.uk
Website: www.criminologyservices.co.uk
Area of work: Nationwide and International
If however, you believe that you have grounds for
contesting a will or defending a claim it is advisable to
seek legal advice and in which event, please feel free to
contact one of our specialist lawyers, Ally Tow or
Sophie McDonnell in our firm's dispute resolution
team.
www.boyesturner.com/businesses/dispute-resolution
Dr Linda Monaci
Consultant Clinical Neuropsychologist
Medico-legal assessments for suspected or known brain injury and/or
brain dysfunction in Personal Injury and Medical Negligence claims
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Acquired brain injury
Cognitive dysfunction
Stroke
Epilepsy
Mental capacity assessments
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Post-concussion syndrome
Anoxia
Dementia
Neuropsychiatric conditions
Alcohol and drug abuse
Medico-legal services: Instructions from Claimants, Defendants and as a Single Joint Expert. Assessments can also be carried out in Italian.
Dr Monaci has a good knowledge of Swedish and Spanish and has experience of working through interpreters.
Dr Monaci has completed the Cardiff University Bond Solon Expert Witness Certificates.
Dr Monaci receives approximately 60% instructions from Claimants and 40% from Defendants. In April 2024, Dr Monaci counted each new
instruction received in the previous 12 months and found the percentages were as follows: 58% Claimant / 37% Defendant / 5% Jointly
instructed.
Clinical services:
Neurorehabilitation services in Surrey.
Main consulting rooms (nationwide locations):
Consultations for medico-legal services are available in London, Guildford, Leatherhead, Southampton and Portsmouth.
Assessments in care homes and in individuals' home may also be possible when based on clinical needs.
Clinical services are available in Surrey. Available for travel throughout the UK and abroad.
Correspondence address:
Email: secretary@monaciconsultancy.com
www.monaciconsultancy.com
EXPERT WITNESS JOURNAL
59
JUNE 2024