When someone may or may not be able to make informed decisions, the Court of Protection can make decisions on financial or welfare matters on behalf of that person. If a person is deemed unable to make decisions (if they lack ‘mental capacity’), the court can appoint an individual to make decisions on that person’s behalf.

When Is The Court Of Protection Needed?

The Court of Protection is involved in cases when adults might lack the mental ability to make decisions, or when adults are unable to make decisions and need assistance with matters relating to property, finance, health and welfare.

Every case is different and applications are made to the court on a unique basis. Sometimes, a person suddenly loses the ability to make informed decisions due to an accident or from being unwell, and a relative then needs to apply to the court. The court is also involved at times of misconduct – people can appeal to the court to dismiss a Deputy or Attorney in certain situations.

What Does The Court Of Protection Do?

The court makes difficult and challenging decisions on whether an individual is mentally incapable, and if it decides the person is unable to make decisions it then appoints someone to do so on their behalf.

The work the court does is a balancing act between ensuring protection for those who need it whilst allowing for individual control as much as possible.

The main areas the Court of Protection assists with, are:

• Whether a person can make decisions or not
• Selecting a Deputy to act on the individual’s behalf if needed
• Managing the appointed Deputy
• Handling any disputes between Deputies
• Dealing with cases of Deputy or Attorney misconduct
• Acting on behalf of an individual if no available Deputy or Attorney

How We Can Help With The Court Of Protection

Our professional and specialist solicitors are here to help you with all issues relating to the Court of Protection. Whether you need to make an application in order to make decisions for someone or you need to appeal against an existing Attorney or Deputy, we can help you throughout the process and guide you at every step of the way.

The Court of Protection is involved in complex cases, and applications and appeals to the court are rarely straightforward. Our solicitors can advise you on the best way to proceed, based on your individual situation, and assist with any application you need to make to the court.

To speak to one of our specialist solicitors about any Court of Protection-related query you have or to find out more about our Court of Protection services, please contact our specialist solicitors on 01244 311 633, FREEPHONE 0800 988 3674 or via email to advice@bartletts.co.uk.

Making a will is a great way to express your wishes and determine how your estate should be distributed after you die. However, there are times when a person may be pressured into writing a will or when someone acts fraudulently during the course of the estate administration process, which result in the estate being distributed to the wrong people.

What To Watch Out For

While no two incidents are the same, it’s a good idea to trust your instincts when it comes to probate fraud – and if something doesn’t seem right, investigate it further.

Some examples of probate fraud warning signs, include:

• Unusual or sudden changes to a will
• Wishes expressed in the will at odds to that person’s previous views
• Large sums of money transferred
• Unusual property transfers
• Missing valuables
• An additional name on bank accounts
• The signature on the Will appearing different to the person’s usual signature
• The individual appearing nervous or stressed about their finances

It is advisable to explore anything you are unsure about but be sure to gather evidence before you accuse someone of probate fraud, forgery or undue influence. The seemingly suspicious actions could be innocent, or a genuine mistake could have been made.

When it comes to forging a will, this is extremely difficult to prove, and you may need a handwriting expert to help prove your beliefs in court and provide evidence of the individual’s previous wishes if in stark contrast to those stated in the will. However, even if you are able to prove forgery, often the person still inherits from the estate if they are a family member – as an invalid will would mean the estate would be distributed according to the rules of intestacy.

Who To Watch Out For?

Those closest to the individual are the ones with the access and means to commit fraud, which is why they are so often the culprit.

As a guide, probate fraud is often committed by:

Attorneys – with the responsibility for making financial decisions on behalf of the deceased, it’s worth looking into how the funds were handled, if you have any suspicions on this.

Executors – an executor has access to the deceased’s paperwork and property, and often is a family member who may feel entitled to more than they stand to inherit according to the will or rules of intestacy, or they may have grievances with other family members.

Carers – carers are needed at times of illness or infirmness, when someone is most vulnerable, and there are times when carers take advantage of their position to steal valuables or to influence the person’s will in their favour.

How We Can Help With Probate Fraud

Our professional Wills and Probate solicitors have the experience to handle an array of probate cases, including in times of fraud or suspicions of fraud. We can also advise you on acquiring evidence of fraud and represent you in court if needed.

To speak to one of our specialist solicitors about any probate-related query you have or to find out more about our probate services, contact us on 0800 988 3674 or 01244 311 633 or email advice@bartletts.co.uk

Whether you are buying or selling your house, or both, a conveyancer will try to ensure the process is as smooth, efficient and stress-free as possible for you.

Conveyancing is the legal process of transferring ownership of land and/or property from the seller to the buyer, and a conveyancer will support you throughout this procedure – ensuring every aspect of the property transaction is covered, and handling any concerns you have as well as keeping you informed at every stage.

The Conveyancing Process

For both a sale and purchase, the conveyancing process can be divided into 3 main stages:

• Offer Accepted
• Contracts Exchanged
• Completion

Selling Your Property

Offer Accepted

You may have instructed an estate agent, negotiated on the price and have now accepted an offer. At this stage, you will need to instruct a conveyancer to start the conveyancing process to allow the sale to progress quickly and efficiently.

You will be required to complete a number of detailed questionnaires about the property: –

• Property Information form: This will include details about the property boundaries, disputes or complaints (yours or a nearby property), notices or proposals (like new building developments), alterations to the property, any guarantees or warranties, building insurance claims, environmental matters, rights of way and services and utilities;
• A fittings and contents form: List which items are included with the sale;
• If it’s a leasehold property there’ll be an extra form with details including ground rent and management company.

Your conveyancer will then use the questionnaire information to draw up a draft contract which is sent to the buyer for approval. The conveyancer will start the negotiations over the draft contract. Things to agree include:

• The completion date (usually 7-28 days after the exchange of contracts);
• What will be included in the sale price;
• How much the buyer will pay for other fixtures and fittings;
• Who will deal with issues raised by the buyer’s surveyor.

Contracts Exchanged

This is usually done over the phone by both conveyancers for the seller and the buyer by making sure the contracts are identical, and then immediately sending them to one another in the post. The buyer sends the agreed deposit. You are committed to selling the property and a completion date is set.

Sale Completed

Your conveyancer will receive the outstanding balance of the sale price, hand over the legal documents that prove ownership and pay off any mortgage and other related costs agreed with the proceeds of the sale.

You will hand over the keys to your estate agent for collection by the buyer.

Buying A Property

Offer Accepted

Your conveyancer will help you make sense of the documents that the seller’s solicitor sends them – these include the draft contract, the property information form and other supporting documentation. If you’re buying a leasehold property, your conveyancer will also check the lease details.

Your conveyancer will carry out legal searches for the property. These searches will be recommended by the conveyancer and others may be required. These can include:

• Local authority searches: Is a motorway going to be built outside the property?
• Land Registry register, title and plan search – these are the legal documents proving the seller’s ownership of the property;
• Water authority searches – this shows how you get your water and if drains run into public or private sewers and what drains run through the property;
• Environmental Search – the report will provide information about contaminated land at or around the property, detailing flooding predictions and other related information;
• Extra searches may be required or recommended depending on the property location or the type of property or concerns raised by the buyer.

If you are obtaining a mortgage to fund the purchase you need to make sure you have a valid mortgage offer.

Contracts Exchanged

You sign the prepared transfer deeds and these are sent to the seller’s solicitor together with your signed contract and deposit, usually 10 per cent of the purchase price. The seller’s solicitor sends the seller’s signed contract to your conveyancer.

Sale Completed

On the completion date, your conveyancer sends the balance due to the seller’s solicitor and once they have confirmed receipt you can collect the keys at the estate agents so you can move in. Any stamp duty land tax (SDLT-English properties) or Land Transaction Tax (LTT-Welsh properties) is paid to HM Revenue and Customs and the purchase is registered at the Land Registry.

To speak to one of our specialist conveyancers about selling or buying property or for a quotation, contact us on 0800 988 3674 or 01244 311 633 or email advice@bartletts.co.uk

Being involved in a road traffic accident can be life-changing, whether this is due to the physical personal injuries suffered as a result or because of the emotional trauma caused by the event – especially if the accident was not your fault.

Sadly, road traffic accidents are a daily occurrence and if you’re unfortunate enough to be the victim of one, it’s important you know your legal rights when it comes to making a road traffic accident claim.

You can claim compensation for road traffic accident injuries if the accident was caused by the actions of another motorist, person or other third party, whether you were injured as a driver, a passenger or a pedestrian or if you were riding a bicycle or motorbike at the time of the accident.

What Happens After A Road Traffic Accident?

A road traffic accident can have an impact on your entire life, with consequences including:

• Being unable to work
• Struggling to pay bills
• Being in ongoing pain or discomfort
• Having to pay for expenses like rehabilitation or medical costs
• Suffering flashbacks to the accident

What Legal Help Can You Seek?

If you’ve suffered physical or emotional injuries as a result of a road traffic accident that was not your fault, it’s vital you seek legal help from an experienced solicitor.

You May Have Heard About The RTA Claim Reforms – What are they?

The Government is proposing to fundamentally change the way in which legitimate claims by road accident victims are processed and compensated. These proposed changes are planned to start in April 2020, alongside the proposed changes to the small claims limit from £1,000 to £5,000 for RTA claims. This means that individuals will be unable to recover their legal costs for any cases worth less than £5,000, which is thought to account for approximately 96% of RTA claims.

These reforms have already been delayed and the Government now hopes that the new online portal would be up and running by the target date of April 2020.

“The fear is that the new reforms will make it harder for individuals to make an RTA claim,” says Personal Injury Solicitor Trevor Morris at Bartletts Chester office.

“What we don’t want to happen – and we will work extremely hard to ensure this doesn’t happen – is for victims of RTAs who suffer whiplash or other minor injuries to not seek the compensation they deserve.

“The Ministry of Justice has stated that those with life-changing injuries will still get fair compensation but we want to make sure that everyone gets fair compensation and not just those seeking a higher level of damages.”

For further information on the these reforms go to https://www.mass.org.uk/news-press/justice-for-the-victims-of-road-traffic-accidents/

How A Solicitor Can Help With Road Traffic Accident Claims

Bartletts Solicitors has the experience and expertise to assist with a range of road traffic accident claims, from the minor to the more serious personal injury claims and have been doing so for the last 30 years. We are also a member of The Motor Accident Solicitors Society (MASS), which is a non-profit making organisation and membership society of road traffic accident claims experts,

We will work hard to fully understand your particular circumstances, including the details of your accident and whether you were in a car, on a bike or on foot at the time, so we can tailor our specialist advice to you. We will advise and guide you at every stage to ensure you receive the compensation you deserve.

To speak to one of our specialist personal injury solicitors about your RTA claim, contact us on 0800 988 3674 or 01244 405 399 or email advice@bartletts.co.uk

When a loved one dies, it is never easy for those left behind who need to manage their affairs and deal with obtaining probate, as well as manage their own grief – nor is it necessarily straightforward for a Personal Representative, whose role it is to administer that person’s estate.

A vital part of the Probate process is valuing the assets of an estate as at the date of death, and it’s important to do this properly or there could be Inheritance Tax and/or Capital Gains Tax implications at a later date.

“The probate process can be complex as all the assets need to be valued correctly to ensure the right level of Inheritance Tax is paid. Inheritance Tax needs to be paid before the probate application is even submitted,” comments Nina Sperring, Solicitor at Bartletts Hoole office.

“While it adds to the time it takes to obtain Probate to an estate, it is important to adopt a thorough approach and obtain formal valuations or you could face potential penalties or pay more tax than you should in the long run. The valuation is key when it comes to Capital Gains Tax too, and is another reason why the valuations should be done carefully and not guesstimated.”

What Needs To Be Valued?

All assets of the deceased person’s estate should be valued. If there is property involved that it is usual to obtain more than one valuation and for one of the valuations to be prepared by a RICS qualified Valuer. It is important not to guesstimate valuations as this could have Inheritance Tax and/or Capital Gains Tax implications further down the line.

Every estate will be different but as a guide, the following will need to be valued:

• Money in bank accounts
• Investments and shares
• Property and land
• Jewellery and personal items
• Life insurance policies that form part of the estate

If The Valuation Is Too Low

If assets are valued on the low side, you could expose the estate to Capital Gains Tax in the future.

If the asset is sold and there is a gain since the date of death valuation then HMRC may recalculate the Inheritance Tax owed. Alternatively, HMRC may view it as a gain during the administration period and Capital Gains Tax could be payable.

If The Valuation Is Too High

If assets are valued on the high side, you end up paying too much Inheritance Tax on the estate.

If an asset is sold during the administration period and within 4 years of the date of death, and is lower than the probate valuation then a claim can be made to HMRC for a refund of Inheritance Tax paid.

Why Do Assets Need To Be Professionally Valued?

Getting the value of the assets right is important because it determines how much Inheritance Tax is paid and forms the basis for any Capital Gains Tax owed if an asset is sold at a later date.

When valuations are submitted to HMRC, they are assessed and HMRC may challenge any valuations they feel are either too high or too low. HMRC has the power to impose penalties and can add to the interest on any tax due, so it’s definitely worth getting a professional to value the assets.

A professional, such as a stockbroker to value shares or an estate agent to value land or property, will submit the valuation in writing – and a written valuation is far less likely to be challenged by HMRC.

How We Can Help With Valuing Assets For Probate

Our professional Wills and Probate solicitors are here to help you with all aspects of probate, including advice on the best way to value assets and submitting the application for probate.

To speak to one of our specialist solicitors about any probate-related query you have or to find out more about our probate services, contact us on 0800 988 3674 or 01244 311 633 or email advice@bartletts.co.uk

Did you know your employer has a legal duty to keep you safe while you’re at work? And if there are safety failures that result in injuries for you, you can claim for compensation?

When a 50-year-old fitter was hurt when a wooden board in his factory fell on him, he came to Bartletts specialist personal injury solicitors in Chester for help. We were able to quickly establish that his employer was liable and worked hard to ensure he received the compensation he deserved.

The wooden board should not have been able to fall on him in the first place. These boards are usually held upright by a metal chain and hook, and used for workers to stand on to work on the next level.

When the board fell, it damaged the man’s soft tissue in his neck, mid and lower back, and left shoulder, and lead to him struggling to sleep afterwards. He suffered from situational anxiety because of the accident and felt a need to avoid being close to the wooden boards at work as he feared they would fall on him again.

Bartletts personal injury lawyers contacted his employer to arrange for controlled and graded exposure to the boards he feared since the accident. We requested a minimum of 3 separate 60-90-minute sessions per week for him, preferably in a quiet part of the factory.

Alongside this exposure, he had 6 sessions of cognitive behaviour therapy (CBT) and as a result of both initiatives he’s been able to face his fear and return to work.

To help him on his road to recovery, we were able to secure him compensation for his personal injury, loss of earnings and CBT therapy.

If you think you’ve been affected as the result of an accident at work, it’s important you start the claims process as soon as possible.

Call us now on 01244 752 999 or complete a Free Online Enquiry and we will soon be in touch.

“…From day one after contacting Bartletts they were professional and caring and helped me every step of the way. From helping me with benefits I did not know I was entitled to arranging medical appointments to gather evidence for my claim.

They kept me informed and reassured every step of the way and put my mind at rest as they handled all the communication with my employer and their insurance company.

My claim was finalised and the outcome was substantially more than I expected. I can’t thank Trevor Morris and Bartletts enough for their help and would not hesitate to recommend them to anyone.” – Mr DT

Bartletts specialist personal injury solicitors in Chester recently helped a waitress win compensation for loss of earnings and rehabilitation costs after she suffered a deep laceration to her wrist following her boyfriend’s landlord’s failure to fix the broken pane in a glass door.

The 27-year-old was a lawful visitor in her boyfriend’s flat, which he rented from his local council, when she forgot the glass was broken and went to open the door, putting her arm through the broken pane and sustaining a deep cut to her right wrist.

The broken glass cut through her ulnar nerve in her wrist, causing severe pain and mobility restrictions. It required decompression of the nerve and a carpel tunnel decompression, and left her with scarring on her wrist from the glass and from the surgery. She also suffered minor psychological trauma.

The boyfriend had previously informed the council that the glass in the door was broken. The council’s policy is to perform temporary repairs within 24 hours and to then prioritise a full repair. However, no temporary repair had been carried out within 24 hours.

As she already knew about the broken pane in the door, liability was shared between her and her boyfriend’s landlord. Our personal injury lawyers in Chester successfully argued that the council had failed to take the necessary action to repair the glass in the door and were therefore partly responsible for the accident – the quick resolution regarding liability meant rehabilitation plans were put in place quickly, helping the lady to recover from her injuries.

Thankfully she recovered well enough to return to work, although her wrist remains scarred.

Bartletts personal injury solicitors helped the lady secure the outcome she deserved, and she was awarded compensation for her injury, rehabilitation costs, loss of earnings and care needs.

For free and impartial advice on your personal injury claim, why not contact one of our local solicitors today at Bartletts Solicitors on Freephone 0800 988 3674, email advice@bartletts.co.uk or click the blue button below to make an online enquiry.

Did you know that as a tenant of a rented property you have a legal right to be protected while you’re in the property and your landlord has a duty of care towards you, including keeping you safe while any required work is carried out on the property? And that if you’re let down by your landlord and not kept safe, you may be entitled to compensation for personal injuries?

A 58-year-old tenant, renting from his local council, knows this after being let down by his landlord when work was carried out on his home by contractors – and Bartletts specialist personal injury solicitors in Chester helped him secure compensation for his physical and psychological injuries.

During the tenant’s building works, one of the contractors put his foot through the ceiling which caused parts of the ceiling to fall and land on the tenant below. He suffered a laceration to his head and his pre-existing psychological issues were worsened by the accident, and he needed counselling afterwards to help him recover.

Fortunately, he got in touch with Bartletts personal injury lawyers in Chester and we were able to establish that the local council’s contractors were responsible for the injuries. We helped him to successfully claim compensation for physical and psychological symptoms as well as for his rehabilitation costs.

He has now recovered from his injuries and Bartletts were able to settle the claim out of court to save him any further stress.

If you’ve been the victim of an injury or accident that wasn’t your fault, contact the personal injury experts Bartletts Solicitors. We can give you free advice on making a claim for compensation, so please call today on Chester: 01244 405 399 or Wrexham: 01978 360056 or email advice@bartletts.co.uk

If your child has been hurt in an accident that wasn’t their fault, they are entitled to make a claim for compensation – but need a Litigation Friend who is aged 18 or over to act on their behalf.

Children under the age of 18 are unable to directly instruct a solicitor to act on their behalf. However, a Litigation Friend, usually a parent or guardian, can take on this role to give instructions to the solicitor on the child’s behalf, including when to settle.

What Happens When The Claim Is Settled?

The Litigation Friend gives instructions to the child’s solicitor on when to settle the claim. The Court needs to approve the settlement figure where children are involved, which usually entails a short Court hearing at the child’s local Court and with the child present, age and nature of case dependent.

The Court assesses the evidence before approving the agreed settlement. Any compensation is then paid into the Court Fund Office, and stays there, earning interest, until the child turns 18.

Can I Make A Claim For Injuries Suffered As A Child?

Yes, you can make a compensation claim for injuries you suffered as a child, in an accident that wasn’t your fault. Normally you only have three years from the date of the accident to make a claim for compensation, however for children this three-year limit only starts when they turn 18 – so you have until your 21st birthday to make a claim for injuries sustained as a child.

As a parent of a child who’s been injured in an accident, keep in mind that waiting for your child to turn 18 can make it harder to make a claim as obtaining supportive evidence at a later date will likely be trickier. Also, by making a claim straightaway, you ensure that any specialist medical care or rehabilitation your child needs, is included in the settlement.

How We Can Help With Child Accident Claims

When your child is hurt, seeking medical treatment and doing everything possible to provide the best chance of full recovery, are naturally your immediate concerns. If, however, the accident was caused by someone else’s fault, then you may want to seek compensation on behalf of your child or you can wait until your child turns 18 to decide if they want to claim for compensation – whichever option you choose, our specialist personal injury solicitors are here to provide the advice and guidance you need.

We are experienced at working closely with parents and guardians of children who’ve been injured in an accident that wasn’t their fault, as well as practised at helping adults secure compensation for injuries they sustained as a child.

To speak to one of our professional personal injury solicitors about your child’s injuries or your childhood injury, and for advice on making a claim for compensation, contact us on 0800 988 3674 or email advice@bartletts.co.uk

Probate is the process of administrating a deceased person’s estate and can be complex – which is why you should be cautious if you are thinking about obtaining probate to an estate without professional legal advice.

“DIY probate may save on Solicitors’ fees in the short-term but it is not always the cheapest option in the long run,” warns Nina Sperring, Solicitor at Bartletts Hoole office.

“By acting as Personal Representative, either as Administrator when there is no Will, or as an Executor if there is a Will, you are personally liable for any mistakes or if correct procedures have not been followed. This can also result in significant costs or substantial legal claims against the estate.”

“By using the services of a specialist Solicitor, you’ll not only have peace of mind but also help and advice at every stage of probate, to help prevent potential problems arising.”

What Is Probate?

Probate is a document that gives the Personal Representative legal powers to manage the estate and ensure assets are distributed according to the deceased person’s will.

What is DIY Probate?

It is possible for an individual to deal with the administration of the estate themselves, obtaining probate and distributing the estate accordingly, without the help of a Solicitor. However, DIY probate does come with some risks.

What Are The Risks Of DIY Probate?

Probate is not always straightforward and can involve complex forms and processes. Personal Representatives can get themselves into difficulties if the estate’s assets are incorrectly distributed for example, if tax issues have not been addressed or correctly dealt with, or if there are any legal disputes over inheritance from beneficiaries or those who feel they should have benefited from the estate.

How A Solicitor Can Help With Probate

A solicitor will support you through the probate process, which is helpful as wills are often complex.

As a guide, the benefits of using a solicitor and not opting for DIY probate, include help with:

• Valuing assets and liabilities and ensuring there are no tax implications at a later date (for example Capital Gains Tax)
• Filling in an Inheritance Tax Return (needed even if there is no tax to pay)
• Submitting a Grant of Representation to the Probate Registry
• Negotiating with HMRC and paying tax owed on the estate
• Negotiations with friends and family if any disputes
• Setting up any trusts detailed in the will

How We Can Help With Probate

Our professional Wills and Probate solicitors will talk you through the entire process, helping you at every stage – this includes providing advice and support with all forms and negotiations along the way.

We will provide you with total peace of mind, and you will be able to fulfil your duties as Personal Representative and to maximise on the value of the estate.

To speak to one of our specialist solicitors about our probate services, contact us on 0800 988 3674 or email advice@bartletts.co.uk