Bartletts Solicitors

Helping Chester & Wrexham Families & Business For Over 158 Years

Call Us Free   Phone  0800 988 3674  
or Mobile  Mobile 0333 200 4465  
  • Home
  • About Us
    • Liverpool Office
    • Wrexham Office
    • Matthews Lewis Hoole Solicitors
    • Our Commitment to Wales
    • Our Costs
    • Careers
  • Our Services
    • Personal Injury
      • Free Personal Injury Enquiry
      • Accidents At Work?
      • Accidents In A Public Place?
      • Children’s Accident Claims
      • Construction Site Injury Claims
      • Cyclist Injury Claims
      • Defective Product Injury Claims
      • Head Injury Compensation Claims
      • Industrial Disease Claims
      • Hospital Negligence Claims
      • Medical Negligence Claims
        • Dental Negligence Claims
      • Motorbike & Cycling Accidents
      • Office Accident Claims
      • Road Accidents
      • Slips, Trips & Falls
      • Successful Claims
      • Supermarket Accidents
      • Warehouse Accident Claims
      • Other Accident Claims
        • Animal Attack Personal Injury Claims
        • Holiday Accident & Injury Claims
        • Military Injury
        • Cosmetic Surgery Compensation
        • Slips, Trips and Falls at Hotels
        • Sports Personal Injury Claims
        • Horse Riding Accidents
        • Water Park Accidents & Illnesses
        • Theme Park Accidents
        • Water Sports Accidents
        • Festival & Fairground Accidents
        • Campsite and Caravan Park Accidents
    • Housing Disrepair Claims
      • What Is Housing Disrepair?
      • FAQs About Housing Disrepair Claims
      • Suing a Housing Association for Disrepair
      • When Should You Claim Against Your Landlord For Unfit Housing?
      • Housing Disrepair Compensation Calculator
      • How Much Compensation Can You Claim For Housing Disrepair?
      • Do I need to give my landlord notice of a housing disrepair claim?
      • Compensation for Injuries to Children Caused by Housing Disrepair
    • Wills & Probate
      • Wills
        • FAQs About Wills
        • Deed of Variation Solicitors
        • Suing a Dead Person’s Estate
        • Will Disputes & Inheritance Claims
        • Dependancy Claims
      • Probate
        • What to do when a loved one dies – A legal guide
      • Prices For our Wills & Probate Services
      • Power of Attorney
      • Court of Protection
      • Estate Administration
        • Trusts
        • Life Interest Trusts
        • Tax Planning
        • Planning For Long Term Care
    • Residential Conveyancing
      • Buy-to-Let Conveyancing
      • Chester Conveyancing
      • Liverpool Conveyancing
      • The Conveyancing Process
        • Conveyancing Quote
        • How To Avoid Being Gazumped
      • New Homes
      • Buying Your Home From the Council or Housing Association
      • First-Time Buyers
    • Commercial Conveyancing
      • Landlord and Tenant
      • Business Leases
      • Buy To Let
      • Stamp Duty on Commercial Property Leases
      • Negotiating Commercial Lease Terms
    • Agricultural Law
      • Farming Tenancies legal advice
      • Contract Farming/Share Farming Agreements
      • Capital Gains Tax
      • Planning Succession to Farms
      • Conversion of redundant buildings & barns & tax consequences
      • Environmental Law Issues
      • Development Options for Farm Land
    • Hair, Beauty & Laser Claims
      • Hairdresser Injury Compensation
        • Cuts & Bleeding at Hair Salons
        • Hair Dye Allergic Reactions
        • Hair Straightening Injuries
        • Hair Extensions Injuries
        • Hair Perming Injuries
        • Hair Infections & Diseases
      • Eyebrow Wax Burns
        • Eyebrow Tinting Injuries
        • Eyebrow Threading Injuries
      • Eyelash Tinting Injuries
        • Eyelash Extension Injuries
        • Eyelash Perming Injuries
      • Laser Treatment Injury Compensation
        • Laser Hair Removal Injuries
        • Laser Skin Resurfacing Injuries
        • Laser Tattoo Removal Injuries
        • Laser Vein Removal Injuries
      • Other Beauty Claims
        • Acupuncture Gone Wrong?
        • Body Piercing Injuries
        • Chemical Skin Peel Injuries
        • Cellulite Treatment Injuries
        • Injuries at Health Spas
        • Microblading Injuries
        • Microdermabrasion Injuries
        • Nail Injuries
        • PDT Treatment Injuries
        • Pedicure Infections
        • Semi-Permanent Make-Up Injuries
        • Syringoma Electrolysis Injuries
        • Sunbed Tanning Injuries
        • Tattoo Injuries
        • Waxing Treatment Injuries
  • Reviews
  • Meet Our Team
  • News
  • Contact

Should I Create A Lasting Power of Attorney?

The coronavirus pandemic is unprecedented and is causing many of us to feel uncertain about what the future holds – and is a reason more individuals are deciding to create Lasting Powers of Attorney.

What Is A Lasting Power Of Attorney?

A Lasting Power of Attorney (LPA) is a document that legally lets you appoint someone to be your attorney and to make decisions on your behalf when you’re no longer able to do so yourself.

If you become mentally unable to make personal or financial decisions then you need an attorney to make them for you.

Usually LPAs are used by elderly and vulnerable individuals, but the coronavirus epidemic has resulted in many more people creating LPAs because of the worry of being incapacitated by the virus.

What Types Of LPAs Are There?

There are two types of LPAs that can be made:

  • Property and Financial Affairs
    This type of LPA covers decisions relating to property and finance, such as buying and selling houses, investing, and receiving income. Your chosen attorney can help you whilst you still have mental capacity and will only act on your behalf when you lose mental capacity to make decisions for yourself.
  • Health and Welfare
    This LPA covers decisions such as your medical care, where you live, the food you eat, and your social activities. Your chosen attorney cannot act on your behalf until you are no longer able to make decisions due to a loss of mental capacity, which may be caused by illness, being in a coma, or dementia.

How Do You Choose An Attorney?

It is up to you who you appoint as your attorney, provided you are mentally capable at the time of creating an LPA.

As a guide, you will likely choose an attorney based along the following lines:

  • He or she is right for your needs
  • The number of attorneys is personal, but most people choose between 1 and 4
  • You trust him or her to make decisions on your behalf and he or she is able to carry out the role
  • Your chosen person agrees to be your attorney – after all, attorneys are subject to the law regarding LPAs as well as any restrictions you place upon them

Can You Create an LPA During The Pandemic?

Yes, you can – the Government has issued guidelines on how to prepare and register an LPA during the coronavirus outbreak.

Guidelines include:

  • The LPA must be signed by all parties and all signatures must be witnessed by an independent person
  • A certificate provider, who ensures you know what the LPA is and that you haven’t been pressured into creating it, also needs to sign the LPA

How We Can Help You Make A Lasting Power Of Attorney

We are here to help guide you through the process of creating a Lasting Power of Attorney, and will ensure you are able to complete your LPA efficiently, accurately, and safely. We will make sure everyone is able to sign the LPA and adhere to the current social distancing rules.

In these changeable times, an LPA provides the certainty and peace of mind many people want and need.

Our specialist solicitors will advise you on every aspect of Lasting Powers of Attorney and ensure you create one that is right for you and your loved ones.

To speak to one of our solicitors at our Hoole office about making an LPA, contact us on Tel: 0800 988 3674  or Chester: 01244 311 633 or email advice@bartletts.co.uk

Bartletts Solicitors Wrexham Helps In Win For Compensation For Knee Injury Caused By Car Park Fall

A farmer who suffered broken ribs and knee injuries when he fell into a well has been awarded compensation after making a claim with the help of Bartletts Solicitors in Wrexham.

Specialist Personal Injury Solicitor Owain Dodd at Bartletts Solicitors Wrexham worked on this case to help the 45-year-old farmer secure compensation for the injuries he sustained when he fell into a well as he walked back to his car in a low-lit pub car park.

The poor lighting in the car park resulted in the farmer missing the steps as they couldn’t be seen, as he approached his car, causing him to fall forwards and sideways into a well.  

He suffered broken ribs, knee injuries and grazes to his hands when he fell, and needed physiotherapy for his knee and painkillers and rest for his ribs.

He still suffers knee pain, especially when the weather is cold or after a long day on the farm.

Fortunately, the man got in touch with Owain Dodd at Bartletts Wrexham office who was able to prove the pub was liable due to the minimal lighting in its car park. Owain successfully secured compensation for the farmer for his personal injuries and loss of earnings.

To speak to one of our specialist personal injury solicitors about your personal injury or accident claim, contact us on 0800 988 3674 or Telephone our Wrexham office on: 01978 360056 or Chester on: 01244 405 399 or email advice@bartletts.co.uk

Can You Challenge A Will?

Losing a loved one is a distressing and emotional time – and sometimes this upsetting situation can be made far worse if there are disagreements relating to the deceased’s Will.

Whether it’s because there are doubts over the validity of the Will or disagreements regarding the contents of the Will, there are times when individuals may wish to challenge a Will.

Who Can Challenge A Will?

The law on Wills is complex but as a guide any beneficiary or person deemed likely to benefit from the Will can challenge it.

This includes an individual who is:

  • A blood relative or spouse
  • Named in an earlier Will
  • Financially dependent on the deceased
  • Owed a debt by the deceased
  • Not included despite being previously promised something in the Will

For What Reason Can You Challenge A Will?

Every situation is different and the grounds for challenging a Will vary enormously.

Reasons for challenging a Will can include:

  • The Will is poorly prepared
  • Suspicion the Will is forged
  • The deceased had been influenced or pressured at the time
  • The deceased was not of sound mind at the time

When Can You Challenge A Will?

It’s advisable to challenge a Will as soon as possible as there are time limits on certain challenges that can be as little as six months from the date probate was granted.

It’s harder to make a challenge once probate has been granted and the estate is distributed amongst the beneficiaries. It is not impossible to do so after the distribution of the estate occurs but you should submit your claim before this point if at all possible.

How Long Does It Take To Challenge A Will?

As with many legal matters, the length of time challenging a Will takes depends on the individual circumstances. It’s usually complicated to contest a Will and takes any time between a few months and several years.

If you can, we strongly advise you to try to resolve the matter through mediation as this will save you time and money as well as the stress of having to go to court.

How We Can Help You Challenge A Will

Our Wills and Probate solicitors have the experience and sensitive approach to help you with challenging a Will and have a strong track record for resolving disputes quickly and effectively.

We understand what an emotionally distressing time this likely is for you and provide a free, no-obligation initial consultation so you can seek the legal advice you need before deciding whether to go ahead with the challenge.

Once we know the details of your situation, we will provide advice and guidance, and help you achieve the best possible outcome – for you and your loved ones.

To speak to one of our specialist solicitors about challenging a Will, contact us on 0800 988 3674 or telephone our Hoole office on 01244 311 633 or email advice@bartletts.co.uk

 

 

What Happens To Your House If You Die Without A Will?

Depending on how you own your property, without a will, the law decides who inherits your house.

A will can ensure that your chosen beneficiaries receive your property when you pass away.

How Do You Own Your House?

You may own your house in your sole name or jointly with someone else. The way you own your home makes a big difference if you die without a Will in place.

Sole Name Owner

If you own your home in your sole name and die before making a Will, the rules of intestacy decide who inherits your house. These inheritance laws are strict and place your relatives in priority order – which may not be in accordance with your wishes when it comes to who you’d like to give your house to when you die.

Joint Tenants Owner

If you own your home jointly with another person, as Joint Tenants, this means you both own the property together as a whole and neither of you has an identifiable share. If you die without leaving a Will, your ownership of the property automatically transfers to the surviving joint owner.

Tenants In Common Owner

If you own your home jointly with another person, as Tenants in Common, this means you both own a specific share of the property. If you die without a Will in place, your co-owner would not automatically inherit your share of the house and instead your share would be distributed according to the rules of intestacy.

Rules Of Intestacy

The rules of intestacy are the inheritance laws that determine how a person’s estate is distributed when they die without a Will.

According to the rules of intestacy, your relatives are placed in the following order of priority for inheritance:

  • Spouse or civil partner
  • Children
  • Grandchildren or great grandchildren
  • Parents
  • Siblings
  • Grandparents
  • Aunts and uncles
  • Half aunts and uncles

The rules of intestacy are strict and don’t take into consideration every family set-up. For example, the laws do not consider unmarried partners or step-children, which can result in loved ones being overlooked even when the deceased wanted them to inherit.

Why Is A Will Important?

Making a Will enables you to express your wishes for loved ones after you die, to ensure they are looked after when you’re no longer able to care for them yourself.

In a Will, you can state exactly how you wish your possessions and assets, including your house, to be distributed when you die. This means you decide who gets what items – and not the law. You can care for loved ones by writing a Will and avoid any extra stress and disagreement for loved ones at what will be an already distressing time for them.

When it comes to your house, you can be detailed in terms of who you’d like it to pass to and how. For example, with a Property Trust Will, you can state that your share of your house, if you co-own it, or all of your house if you own it in your sole name, is to be left to your partner to live in during his or her lifetime before it passes to your children.

With a Will, you are able to take care of loved ones – and in the way you want to, too.

How We Can Help You With A Will

Our Wills and Probate solicitors are here to assist you with writing a Will or updating a Will, and will work hard to ensure your loved ones are taken care of in the best possible way as a result.

We will ensure we fully understand your situation and family arrangements before tailoring our advice and guidance on the factors to consider in your Will. With our help, you will be able to protect loved ones and their future after you die.  

To speak to one of our specialist solicitors about making or updating a Will, contact us on 0800 988 3674 or telephone our Hoole office on 01244 311 633 or email advice@bartletts.co.uk

Cycling Accidents Rise During Lockdown

As we’re now able to take unlimited exercise outdoors and many of us are opting to cycle either for leisure or to commute to work instead of using public transport, perhaps it’s not surprising that the number of cycling accidents has risen in lockdown.

According to data revealed by road.cc the number of cyclist deaths are more than twice the average for the time of year – for the month from 23rd March when lockdown began, 14 cyclists in Great Britain and 1 in Northern Ireland were killed in road traffic accidents. This compares to data from the Department for Transport that shows 49 recorded deaths of cyclists in Great Britain in March and April from 2015 to 2018, averaging a monthly average of 6.

While this could be a sudden spike rather than a long-term trend, as it is only based on one month, there may be reasons for the increase. Far more cyclists have taken to the roads since lockdown started and although traffic levels have been far lower there have been issues with speeding due to the quieter roads – and, of course, potholes still an issue.

So, what should you do if you have a bicycle accident?

Staying Safe On the Roads

Although roads are quieter than normal, it’s important to still take the necessary precautions when cycling in order to stay safe – there are still vehicles to be mindful of.

Furthermore, you should be aware there are more cyclists on the roads and ensure you keep a safe distance from one another.

What To Do If You Have A Cycling Accident

If you’re involved in a cycling accident that wasn’t your fault and have been injured as a result, there are some steps you should take to ensure you can claim for compensation.

With a bicycle accident compensation claim, you need to show that the other person was at fault and it was their negligence that caused the accident and your injury. Your personal injury solicitor can help with this, determining exactly what happened before, during, and after your accident and providing evidence on who was at fault – and there are things you can do to assist your solicitor with making a case.

Seek Medical Help

Firstly, make sure you’re seen and checked by a doctor to make sure you’re okay following the accident. This is important to do even if you feel fine at the time – many cycling injuries affect your neck and back, which can take a day or so to be felt. Keep a record of all medical attention you have had and any medication you have taken.

Take Details

Get the details of the other party involved in the accident, including their name, address, vehicle registration number and insurance details.

Take Photos

If possible, take photos of the accident safely and of other vehicles involved in the accident immediately – otherwise, return to the scene soon after to take pictures.

Tell The Police

Report your accident to the police so they have it on record. They will also be able to help you trace the other party if you have difficulties finding them based on the details you’ve been given.

Keep Track Of Costs

Any costs such as bike repair or replacement together with loss of earnings should be noted and you should keep all receipts as evidence.

How We Can Help You With A Bicycle Accident Claim

Our personal injury solicitors can help you if you’ve been hurt in a cycling accident that wasn’t your fault and will work hard to establish it was the other party’s negligence that caused the accident – and ultimately, your injuries.

We are working as normal at the moment and continue to support our clients fully with each cycling accident claim – the only difference to our way of working is that we are currently working remotely from home rather than from the office.

We will still ensure we fully understand your situation and the details of your accident so we can provide you with tailored advice and support that means you have the best chance of making a successful claim for compensation.

To speak to one of our specialist solicitors about making a cycling accident claim, contact us on 0800 988 3674 or Telephone our Chester office on: 01244 405 399 or Wrexham on Tel: 01978 360056 oremail advice@bartletts.co.uk

Mental Health during Lockdown – are we facing a concurrent epidemic?

There was collective hysteria at the start of the coronavirus outbreak about the threat of imminent death which was shortly followed by a huge deprivation of liberty. Now that we are more than 10 weeks into lockdown, we seem to be faced with an additional epidemic; one that relates to mental health.

According to a recent survey undertaken by the Royal College of Psychiatrists, people with no previous mental health history are developing problems for the first time as a result of lockdown. Many reasons have been cited as to why this might be the case, including the uncertainty of not knowing when lockdown will end, tensions at home from having to spend so much time together, job insecurity, relationship breakdown and bereavement. Whilst, like with many studies, there will be issues with the data collected and it will not yet clear what the long-term impact of the coronavirus pandemic will be on mental health, it is obvious that we are all being challenged as we are having to deal with a situation that we have never before encountered during our lifetime. Some individuals will be affected more than others depending on individual situations and whether there are any previous issues of mental health.

Mental Health Awareness Week – Kindness in uncertain times

The theme for Mental Health Awareness week this year (18th – 24th May 2020) was ‘kindness’, which is something that has prevailed all over the world during this uncertain time. The Mental Health Foundation has provided examples of how we can all spread kindness; the thinking behind this is that kindness can apparently boost our mental health. Examples include calling a friend that you haven’t spoken to for a while, donating to charity, cooking for someone, praising a colleague or sending a joke to a friend. It is wonderful to see such a strong emphasis on community spirit, basic human kindness and consequently mental health. We should be talking about it, acknowledging it and looking at ways we can support one another.

I have personally enjoyed spending more time at home with my family but I am missing the office, colleagues and my clients. It has been especially troubling to hear of the Covid deaths amongst clients and families/friends of clients and to hear that the same support is not available. I have seen funerals being ‘streamed’ online because people may not have been able to attend and if they were able to attend, the social distancing rules meant that they had to sit on their own, two metres apart from one another. This must feel very isolating to some – the lack of comfort and reassurance from face to face support and the lack of physical contact.

As a Private Client Solicitor, mental health awareness is essential to many aspects of my role as it can affect capacity and decision making. It is paramount to Will making and Power of Attorney Deeds; both in relation to Health and Welfare and Property and Finances. It is clear that we are going to need to be especially aware of any issues that might affect decision making and capacity during this worrying time and for the duration of the aftermath, however long that may be for –  it will be different for each individual. We can however use this time to educate ourselves about mental health, to make more of an effort to talk about it and to do our bit to ‘spread the kindness’.

Mental Health Support and Services

If you or anyone you know is affected by mental health issues there are various organisations that can provide support. The NHS website provides guidance on how to access mental health services – http://www.nhs.uk/using-thenhs/nhs-services/mental-health-services/how-to-access-mental-health-services/

There are also various charities that provide support that are listed on the NHS website, including:

The Charity Mind support helpline – 0300123 3393

The Samaritans –  116 123

Anxiety UK – 03444 775 774

Mental Health Foundation – website www.mind.org.uk

How we can help

Nina Sperring is an experienced Private Client Solicitor at Bartletts Solicitors in Chester. Our offices are friendly and welcoming. We would always encourage you to tell us if you are in any way worried or anxious; we will always try our best to put clients at ease, including home visits if you would prefer.

Our Wills and Probate professionals can advise you in relation to all aspects of Private Client Law, including Lasting Power of Attorney Deeds, Wills, Trusts and Estate Administration.

For advice and guidance please contact our Hoole office on 01244 311 633 or freephone 0800 988 3674 or email advice@bartletts.co.uk

Bartletts Solicitors In Wrexham Helps Factory Worker Secure Compensation After Conveyor Belt Accident

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.

How long does an Executor of a Will have to settle an estate?

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

How Long Do You Have To Make A Personal Injury Claim?

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

How Long Does Probate Take If There’s A Will?

Probate is part of the process of managing a deceased person’s estate, and a Will usually makes the process quicker – but this is not always the case.

On average, in England and Wales it takes between 9 and 12 months to obtain the Grant of Probate and to complete the estate administration process, whether or not there is a Will.

What Is Probate?

Probate is the process of administering a deceased person’s estate and the term refers to a legal document that is needed in order for an individual to administer an estate – with a Will, this document is called a Grant of Probate, and without a Will it is called a Grant of Letters of Administration.

Both document types work in the same way, giving a named person the legal authority needed to administer the estate – this includes closing down the deceased person’s bank accounts, settling their debts, selling their property and more.

Do You Need Probate?

It depends on the assets of the deceased person as to whether or not probate is needed – whether there is a Will or not has no bearing.

What Is The Probate Process?

The named Executors in the Will, if there is one, are the people chosen by the deceased to administer their estate and must apply to the Probate Registry for a Grant of Probate. This usually takes between 3 and 6 months to come through and once granted, the Executors then proceed to administer the estate.

It takes between 9 and 12 months for the probate and estate administration process to be completed, on average, depending on the individual estate and situation.

How Fast Is The Probate Process?

Every probate process is different and how long it takes depends on a number of factors, including the below:

  • Is the estate straightforward, without property to sell?
  • Does the estate include property and assets overseas?
  • How much time can the Executors devote to the completion of this work?

Will Probate Be Quicker With A Will?

The process won’t necessarily be quicker with a Will, no. However, it does usually make the whole experience more straightforward and less stressful as loved ones know who the Executors should be as well as the Beneficiaries, and what the deceased wanted them to inherit.

Sometimes, though, delays can be caused by a Will. This may be for a number of reasons but often because of one of the following reasons:

  • Family and friends struggle to find the original Will
  • Someone is excluded from the Will and makes a claim under the Inheritance (Provision for Family and Dependants) Act
  • The Will is not properly drafted and causes uncertainty

It is always advisable to have a Will, however, as it enables you to express your wishes for protecting loved ones after you die – even though a Will can cause a delay to the probate process, it is still better to have your wishes followed in the longer run than not at all. It is important to seek legal advice with your Will to ensure it is legally watertight and to help ensure the process is as straightforward as possible.

How We Can Help You With Probate  

Our specialist probate solicitors have experience of and understanding gained from handing all types of estate administration cases, from the most straightforward to hugely complex estates – and both with or without a Will being available.

We can assist the Executors with all the legal, tax and administrative work involved in administering an estate, and provide expert legal assistance throughout to help make the process as straightforward as possible.

To speak to one of our specialist solicitors about the probate process or for professional help with administering an estate, contact us on Freephone  0800 988 3674 or at our Hoole office in Chester on Tel: 01244 311 633 or email advice@bartletts.co.uk

  • « Previous Page
  • 1
  • …
  • 3
  • 4
  • 5
  • 6
  • 7
  • …
  • 23
  • Next Page »

Make A Free Enquiry

     

    What Clients Say

    “I am very satisfied with your service thank you so much.”

    Ms Harris November 15, 2022

    Why Choose Us
    • Settled over 12,000 accident claims.
    • Recovered over £68 million in compensation.
    • A true No Win No Fee service.

    Read More>>

    © Bartletts Solicitors Limited 2024 – Offices in England and Wales

    • Careers
    • Contact
    • Unhappy With Our Service?
    • Legal
    • Cookies Policy
    • Privacy Policy
    • Facebook
    • LinkedIn
    • Twitter

    We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent.
    Cookie SettingsAccept All
    Manage consent

    Privacy Overview

    This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
    Necessary
    Always Enabled
    Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
    CookieDurationDescription
    cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
    cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
    cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
    cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
    cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
    viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
    Functional
    Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
    Performance
    Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
    Analytics
    Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
    Advertisement
    Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
    Others
    Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
    SAVE & ACCEPT