Archives for May 2020

Specialist Personal Injury Solicitor Owain Dodd at Bartletts Solicitors in Wrexham recently helped a production operative win compensation after she was injured at work.

The lady was working in a factory that produces drinks cartons, when the accident happened.

A fault occurred whilst she was working on the conveyor belt which resulted in her hand being caught underneath the belt.

The accident caused a deep laceration to the top of her hand and a soft tissue injury to her hand, and she needed surgery to repair the tendon as well as physiotherapy.

The production operative still suffers from pain and stiffness in her hand, a condition that is worsened by it being her dominant hand.

Owain Dodd at Bartletts Wrexham office was able to work with her and help her make her claim, quickly providing evidence to show the accident happened due to a fault or a lack of a guard on the conveyor belt, and that the factory was at fault for her injuries. In addition to securing compensation for her personal injury, Owain Dodd successfully won compensation for the lady for loss of earnings also.

Bartletts Solicitors in Wrexham has a strong track record of helping clients in the local area, and have Welsh-speaking solicitors on hand to assist whenever needed.

Make a free compensation enquiry today

For specialist advice on your personal injury claim, call us now on 01244 752 999 or complete a Free Online Enquiry and we will soon be in touch.

Settling an estate depends on the size and simplicity of the estate etc – although this depends on the size and simplicity of the estate, as well as how efficient the Executor is.  As a rule of thumb it is usual for the overall process to take between 9-12 months, although it can take longer if there are complexities involved

There is no set time for an Executor to complete the estate administration process, but there is a deadline when it comes to inheritance tax and an order that must be followed when settling an estate.

What Does An Executor Need To Do To Settle An Estate?

The Executor needs to complete the estate administration process in the right order, and in accordance with the law and either the deceased’s Will if there is one or the rules of intestacy if there is no Will.

As a guide, the Executor needs to complete the following steps:

Inheritance Tax

The first thing an Executor must do is work out the value of the estate. This can only be done once everything the deceased owned and owed has been identified and valued – including bank accounts, pensions, shares, personal belongings and assets, as well as outstanding debts. Once this has been calculated, the overall estate value can be reached.

The Executor must then decide if the estate is liable for inheritance tax or not and complete the correct form to submit to HM Revenue & Customs.

Working out the amount of inheritance tax owed, if liable, is complex given the many factors involved, such as nil-rate bands, lifetime gifts, and tax exemptions.

Payment must be made within 6 months of the deceased’s date of death, if owed.

Grant Of Probate

Once any inheritance tax the estate is liable for is paid, the Executor needs to apply for a Grant of Probate. This document gives the Executor the legal power to deal with the estate.

The Executor can apply for a Grant of Probate whenever he or she likes – there is no set deadline in England and Wales.

Assets And Debts

The Executor must locate all the assets and collect them in, once the Grant of Probate has been given. This often includes closing bank accounts, selling property, cashing in life insurance policies, and selling or transferring shares.

Once all the assets are in, the Executor needs to settle any outstanding debts. This is an important step and the Executor must ensure it’s carried out thoroughly and that sufficient time is allowed for creditors to come forward – if they come forward at a later date then the Executor can be held financially accountable for the unpaid debts.

Estate Distribution

Once all the assets and debts have been dealt with, the rest of the estate needs to be distributed to the beneficiaries.

The beneficiaries are the individuals named in the deceased’s Will or those entitled to inherit according to the rules of intestacy.

The Executor has to identify and contact all the beneficiaries. Sometimes, beneficiaries are hard to find or contact, and this can delay the whole process.

Once all the beneficiaries have been contacted, the estate is distributed according to the wishes of the deceased as declared in the Will or in accordance with the rules of intestacy.

What Is An Unreasonable Amount Of Time?

While probate is a complex and often lengthy process, there are times when an Executor can be accused of taking an unreasonable amount of time to complete the administration of an estate.

Executors are obliged to complete the estate administration process in the best interests of the beneficiaries and should keep them updated throughout as well as respond to any queries.

If a beneficiary believes an Executor is taking too long, he or she should speak to the Executor and find out the reason for the delay – often there is a reasonable explanation for the delay, such as a failure to sell property or having to collect in overseas assets.

Beneficiaries have a legal right to claim against an Executor if they feel he or she is not fulfilling their duties properly. This can lead to an Executor being replaced or a claim being made against them for a breach of duty.

How We Can Help You With Probate  

We can help you if you are the Executor of an estate or a beneficiary, and have the professional knowledge and understanding to resolve your issue quickly and effectively.

We can assist Executors with all the legal, tax and administrative work involved in the administration of an estate, and provide expert legal assistance throughout to help make the process as straightforward and stress-free as possible. Similarly, we can help beneficiaries in need of legal guidance when it comes to the duties of an Executor and what a reasonable amount of time for settling an estate is.

To speak to one of our specialist solicitors about the duties of an Executor or for professional help with administering an estate, contact us on 0800 988 3674 or Tel: 01244 311 633 or email advice@bartletts.co.uk

Personal Injury Claim Time Limit

If you’ve been injured as a result of someone else’s negligence or harmed due to no fault of your own, whether at work, on the road, in public or somewhere else, you may be entitled to make a claim for compensation – but how long do you have to make that claim?

There are strict time limits in place for making a personal injury claim and if you leave it too late, you may be unable to start a claim regardless of how entitled you are to compensation.

Time Limits For Personal Injury Claims

As a guide, the time limit for making a personal injury claim is normally up to 3 years from the date of the injury happening. This means, the proceedings need to be sent to the court within 3 years of you suffering your injury, so it’s a good idea to contact a solicitor as soon as possible if you’ve been injured.

There are exceptions, however, and if you only become aware of your injury or its severity a while after it happened, the time limit may apply from this point, giving you longer to claim – the courts have discretion to extend the normal time limit where appropriate.

How Long Do You Have To Make Personal Injury Claims For Children?

If you were under the age of 18 at the time of being injured, the 3-year time limit only applies from when you turn 18. This effectively means you have until your 21st birthday to start making a claim for compensation.

If your child was injured and you are making a claim on their behalf, the time limit is the same – you need to make a claim before their 21st birthday.

How Long Do You Have To Make Fatal Injury Claims?

If you have lost a loved one because of an injury or illness they suffered due to no fault of their own, the 3-year time limit for making a fatal accident claim usually starts from the date of the accident resulted in their death.

The exception to this is when the injury happened years before their death but only came to light much more recently – this happens a lot with asbestos-related illnesses, for example, when the exposure happens decades before the person’s death and only becomes apparent when they become ill shortly before dying. In these cases, the 3-year time limit begins from the date it became apparent the disease caused the death and was the result of a workplace injury.

How Long Do You Have To Make Personal Injury Claims If Lacking Capacity?

For serious injuries such as brain or spinal injuries, the individual can be left without the mental capacity to pursue a claim for personal injury compensation on their own behalf. For these individuals, there is no time limit for someone else to make a claim for them and the 3-year limit would only apply if that person regained capacity and was then able to make a claim themselves.

How Long Do You Have To Make Personal Injury Claims For Assault?

If you’ve been injured due to an assault, you can make a claim against the attacker or through the Criminal Injuries Compensation Agency (CICA) within 2 years of the assault taking place. Depending on the circumstances of your assault, you may be able to pursue compensation outside of this 2-year limit but there is no guarantee the CICA will consider your claim as they are generally very strict about the time limit. The two year time limit also applies to claims involving children who have been victims of crime.

How We Can Help You Make A Personal Injury Claim  

If you’ve suffered an injury through no fault of your own or a loved one has been injured because of someone else’s negligence or deliberate actions, you may be able to make a compensation claim for yourself or on behalf of a loved one.

Our personal injury solicitors have an established track record for making successful personal injury claims and provide an effective and supportive approach throughout the whole process to ensure the best possible outcome for you.

We offer free, no-obligation advice about making a claim and would be happy to discuss the details of your potential personal injury claim with you. By ensuring we fully understand your situation, we can advise you on whether you have a right to pursue compensation and provide guidance on the best way to do so if you decide to make a claim.

To speak to one of our specialist solicitors about making a personal injury claim, contact us on 0800 988 3674 or Tel: 01244 405 399 (Chester) Tel: 01978 360056 (Wrexham) or email advice@bartletts.co.uk