Bartletts Solicitors

Helping Chester & Wrexham Families & Business For Over 158 Years

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Bartletts Solicitors Wrexham Wins Council Housing Disrepair Case

A council tenant in mid Wales who suffered personal injuries due to living in a damp and mouldy home has been awarded damages and compensation after making a claim with the help of Hannah Laurie, a lawyer at the Wrexham office of Bartletts Solicitors.

Bartletts Solicitors Housing DisrepairHannah worked on this case to help the 35-year-old council tenant in mid Wales secure compensation for his anxiety and depressive disorder that had been caused by living in a property with damp and mould in every room.

Despite months of repeated phone calls and email reports to the council, they had not fixed the roof leak or damp in the house. This left the tenant to suffer the consequences of living in a house that was in a state of disrepair.

He was no longer able to enjoy living in the property and was too embarrassed to invite family and friends over  because of the smell and appearance of the damp and mould. His asthma, eczema and arthritis all worsened because of the poor living conditions, and this caused a lot of stress which led to a diagnosis of anxiety and depressive disorder.

The council tenant was given medication for his anxiety and an increase of inhalers for his asthma, prescribed by his GP.

Fortunately, he got in touch with the dedicated personal injury team at Bartletts Solicitors in Wrexham. He explained his situation with his council housing to Hannah Laurie who made a claim on his behalf for damages for living in disrepair and for his personal injuries.

Bartletts Solicitors was also able to secure the works to the property and ensure the council completed these. The tenant’s health improved following the repairs, and his extra inhalers and medication for anxiety were no longer required.

In total, he was awarded £3,500 in damages for living in a property that was in a state of disrepair, and £6,000 compensation for his personal injuries.

Bartletts Solicitors has an outstanding reputation for helping clients to secure the compensation they deserve – and the Wrexham office is proud to have succeeded in this recent housing disrepair case to help the local tenant. Thanks to winning the case, the tenant is able to enjoy living in his home once again.

To speak to our housing disrepair experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

 

Bartletts Wrexham Wins Accident At Work Compensation Case

A local warehouse operative who suffered personal injuries following an accident at work has been awarded compensation and damages after making a claim with the help of Martin Farr, a lawyer at the Wrexham office of Bartletts Solicitors. No Win No Fee Accident At Work

Together with his colleagues in the local Bartletts office, Martin worked on this case to help the 56-year-old warehouse operative secure compensation for the injuries to his leg and back after a colleague pushed a heavy box into him as he was working.

During his working day, one of the claimant’s colleagues pushed a heavy box into him, causing several injuries. He suffered a fracture to his leg and damage to the soft tissue in his back.

He needed to have an X-ray to confirm his injuries, and physiotherapy to help his leg and back recover.

Fortunately, he got in touch with the specialist personal injury team at Bartletts Wrexham and explained his accident and injuries to Martin Farr who made a claim on his behalf for compensation.

In total, he was awarded £8,000 in compensation for his physical and psychological injuries as well as £600 for loss of earnings and £300 for treatment costs.

Bartletts Solicitors has an outstanding reputation for helping clients to secure the compensation they deserve – and the Wrexham office is proud to have succeeded in this recent warehouse accident case to help the local warehouse operative.

Make a free compensation enquiry today

Our personal injury solicitors have helped lots of clients pursue the compensation they are entitled to following an accident at work. We carry out most personal injury work on a no win, no fee basis, meaning you can make your claim with no upfront costs. We will explain the terms of our no win, no fee agreement to you before we begin work and ensure you are happy to proceed before you sign.

To speak to our work accident claims experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

 

Are you ready for the 2025 Stamp Duty Land Tax Changes?

From the 1st April 2025 there are changes to the rates relating to Stamp Duty Land Tax (SDLT).

What are the Key Changes Coming into Effect 1 April 2025?

Bartletts Solicitors in Chester guide you through extending your property leaseThe threshold will change for property completions that take place after 31st March 2025. These changes will affect both first-time buyers and those purchasing additional properties.

Here are a few key points to consider.

Reduction of the Nil-Rate Band

Starting April 1, 2025, the nil-rate band for Stamp Duty Land Tax (SDLT) will decrease from £250,000 to £125,000. Consequently, buyers will be required to pay SDLT on any property purchase that exceeds £125,000.

Here’s the SDLT rates that you need to know from 1 April 2025:

  • Up to £125,000 = 0% SDLT rate
  • £125,001 to £250,000 = 2% SDLT rate
  • £250,001 to £925,000 = 5% SDLT rate
  • £925,001 to £1.5 million = 10% SDLT rate
  • Above £1.5 million = 12% SDLT rate

The impact on First-Time Buyers

Reductions in the scope of first-time buyer’s relief could result in an extra charge of up to £6,250 in Stamp Duty Land Tax (SDLT) for residential properties purchased for more than £300,000. This adjustment aligns with the regulations that were in effect prior to September 23, 2022.

  • first time buyer’s relief will only be available where the purchase price of the property does not exceed £500k (down from the current cap of £625k)
  • the current £425k nil rate band first-time buyer’s relief threshold will fall back to £300k (with the difference being chargeable to SDLT at 5%).
  • In addition, from 1 April 2025, additional SDLT of up to £11.25k will become payable where first-time buyer’s relief can no longer be claimed but could previously (because the purchase price exceeds £500k but not £625k). This is due to the withdrawal of the relief in those circumstances combined with the reduction in the SDLT nil rate banding, as described.

Changes to Additional Property Purchases

Buyers purchasing additional properties will continue to pay a 3% surcharge on top of the standard SDLT rates. Understanding the 2025 stamp duty land tax changes, assessing their financial impact, and implementing strategies to manage increased costs are crucial for property investors. By staying informed and proactive, you can navigate the evolving landscape successfully. If you’re planning on purchasing an additional property in 2025, we recommend that you seek professional legal advice on the SDLT changes.

While we will do everything, we can to help you, please bear in mind that there are factors in the conveyancing process beyond our control, and therefore we cannot guarantee that your transaction will complete before this date. We will not be liable for any additional SDLT payable.

It’s important that buyers budget for higher SDLT payments, as it could affect their overall purchasing power. Additionally, first-time buyers may find it more challenging to enter the property market, particularly in areas with higher property prices.

To assist in understanding their SDLT liabilities, we recommend using the updated SDLT calculator here . This tool will help buyers accurately calculate the amount of SDLT they will need to pay based on the new rates.

To speak to one of our conveyancing solicitors please call us at our Liverpool office on 0151 227 3391 or our Chester office on 01244 311 633 or Make A Free Online Enquiry. Alternatively please email advice@bartletts.co.uk

 

It is with great sadness that we announce the passing of John Adams Bartlett

It is with great sadness that we announce the passing of John Adams Bartlett on Friday 30th September 2024.

John joined the firm in 1966 based at the Head Office at Marldon Chambers office in Liverpool City Centre. John started as a trainee, working primarily at that time on divorce, paternity suits, and general litigation. Through the 1970s and early 1980s conveyancing was a strong area for Bartletts with a move into accident claims as another dimension for the business in the mid-1980s.

John was Managing Director of Bartletts Solicitors and has worked across diverse areas of law; always delivering excellent service for clients of Bartletts. Throughout his time at Bartletts John has always looked at changes in law and identifying new opportunities.

He will be greatly missed by us all here at Bartletts; his legacy will not be forgotten.

Our thoughts and condolences go out to his wife Evelyne, son Christopher and his wider family and friends as this sad time.

 

Owain Dodd Promoted to Director at Bartletts Solicitors

Bartletts Solicitors has promoted personal injury lawyer, Owain Dodd, to director.

Owain Dodd Bartletts SolicitorsBartletts’ newest director has over 24 years’ experience within the personal injury sector and joined Bartletts Solicitors in 2003 as a claimant personal injury solicitor. Initially based at the firm’s claimant personal department in Chester, he then moved the new Wrexham office which opened in 2011.

Following the recent retirement from legal practice of Bartletts director Trevor Morris, Owain was appointed as a director to head up the personal injury departments in Wrexham and Liverpool.

Says Owain: “I’m absolutely delighted to be promoted to director at Bartletts Solicitors which comes at an exciting time for our firm.

“I am very much looking forward to new challenges ahead, further developing our practice and to building new and evolving existing client relationships.

“Since joining Bartletts Solicitors, I have been very committed to building a successful practice in Wrexham and aim to replicate this in the Liverpool office. I’m privileged to support my fellow directors who head up teams in private client, residential and commercial conveyancing and commercial law across Chester and Liverpool.”

Practice Manager Mike Craven adds: “I would like to congratulate Owain on his promotion, which is very well deserved and a testament to his hard work and dedication to the firm. As a legal firm we pride ourselves on providing the best possible service to our clients and contacts, Owain has been outstanding in this regard and will be central to our continued success.”

If Someone Has Dementia, Can They Make A Will & Lasting Power Of Attorney?

Making plans for what happens to your estate when you die can seem daunting, but in our experience it’s always worth putting plans in place sooner rather than later simply because the future is unknown.

It is estimated that around 900,000 people in the UK are currently living with dementia and although the bigger risk of developing dementia occurs after 65, more than 40,000 individuals under 65 have early-onset dementia.

What happens if you develop dementia before you’ve finalised plans for your estate? Can you still make a Will or Lasting Power of Attorney (LPA)?

It is possible for you or your loved one to make a valid Will or LPA if you are living with dementia – as long as you have the mental capacity to do so.

Wills & Dementia

Thankfully, there are times we are able to help clients with dementia to make a Will, but it is far from straightforward and there is an increased risk of a claim being made against the person’s estate after they die.

The challenge is proving the individual has the mental capacity to make a Will despite their dementia diagnosis.

If you or your loved one can still understand enough to make decisions about the Will, then you can make a Will. Speak to a solicitor for legal guidance and it’s advisable to get a statement from your doctor to confirm you have the mental capacity at the time of writing your Will, as this will help to avoid disputes later on.

What If You Can’t Make A Will Because You Have Dementia?

If it’s too late for you or a loved one to make a Will, then what happens next depends on whether there is an earlier Will.

If there is a valid Will that was made earlier, then this will stand as your legally valid Will.

If no Will exists, the rules of intestacy will apply when you die – unless family members ask the Court of Protection to approve a statutory Will on your behalf as a statutory Will is designed to detail those wishes someone would make if they had the mental capacity to make their own Will.

LPAs & Dementia

Both types of Lasting Power of Attorney (LPA), the ones for property and finances, and the ones for health and wellbeing, enable someone to appoint an attorney or attorneys to make decisions on their behalf if they lose the mental capacity to do so themselves.

To make an LPA, you must have the mental capacity to make decisions.

You can still have the capacity to make one if you or a loved one has dementia because your solicitor can assess your mental abilities referencing the Mental Capacity Act 2005.

A 2022 case provided clarity on what mental capacity for LPAs means, stating the need for “relevant information” and the ability to retain it.

The information a person needs includes an understanding of:

  • The effect of the LPA
  • Who the attorneys are
  • What powers the attorneys have
  • When the attorneys can use their powers
  • How the attorneys can use their powers
  • Having the power to revoke the LPA when they have the capacity to do so

To make an LPA, a Certificate Provider must sign it to verify that the individual understands all they need to with regards to the LPA – which provides both reassurance at the time that the person has the mental capacity to make an LPA and helps to prevent future LPA disputes.

It’s worth noting that an LPA is only legally valid once it is registered with the Office of the Public Guardian, so don’t forget to register the document once it is completed and signed.

What If You Can’t Make An LPA Because You Have Dementia?

If you or your loved one’s dementia is advanced and this means there is an inability to make decisions, you can’t make an LPA.

In this situation, there are 2 options for you or a loved one:

  • Apply to be a deputy
    You can apply to the Court of Protection to be your loved one’s appointed deputy. As deputy, you have legal rights to make decisions for and on behalf of your loved one. It is similar to having an LPA in place but comes with more restrictions and management, and can take a while to set up.
  • Appoint a professional deputy
    You can appoint a professional deputy, such as Bartletts Solicitors, to make decisions for and on behalf of your loved one.

Seek Medical Opinions To Prevent Future Challenges

If there are concerns about your or your loved one’s mental capacity to make a Will or an LPA, ask for a medical professional’s opinion. You can arrange for a doctor to run an independent assessment of mental capacity or to provide a written medical statement to confirm you have the mental ability to understand and make this decision.

How We Can Help You With Your Concerns Over Making A Will Or LPA With Dementia

Our Wills and probate team of solicitors can help you or your loved one if you have dementia and want to put a plan in place to protect your estate and family.

Our friendly approach and thorough understanding of this complex area of law has enabled us to help many clients with dementia to put plans in place to protect loved ones.

It’s always best to act sooner rather than later and with our help, we’ll make the process as straightforward, effective and stress-free as possible. We can help with drafting Wills, assessing if a Will is legally valid, securing court approval for a statutory Will, creating an LPA, or applying to be a loved one’s deputy.

To speak to us about making a Will or an LPA if you or a loved one has dementia, please please contact us or email advice@bartletts.co.uk

Can I Change A Will After Someone Has Died?

Changing A Will After Someone Has Died

A Deed of Variation can be used to change a Will, or alter the outcome of the rules of intestacy, after someone has died.

Why Use A Deed Of Variation?

A document that is used by the beneficiaries of an estate to redistribute assets they are due to inherit, a Deed of Variation is useful if the outcome of a Will or the rules of intestacy are seen as unfair by the beneficiaries.

There are many scenarios when a Deed of Variation is appropriate to use, including:

  • If a family member has been excluded
    For example, if a Will or the rules of intestacy results in a child or a dependent being left out who the deceased would have wanted to benefit from the estate, you might choose to redirect some of your share of the inheritance to this person.
  • Not needed
    If you don’t need your share of the inheritance but a family member does, you might choose to redirect it to them.
  • Charitable donation
    You might want to give some of your inheritance to charity.

Why Not Just Gift Your Share Yourself?

By gifting your share of inheritance through a Deed of Variation, you are able to avoid any tax implications involved by ensuring the gift is from the deceased rather than from you.

This means you don’t need to survive for 7 years after making the gift to avoid inheritance tax and capital gains tax liability on your estate when you die.

It also means you can take advantage of any available tax benefits at the time of gifting. For example, if property is redirected to a direct descendant, then the estate can use their Residence Nil Rate Band allowance if property was not previously being gifted to a direct descendant. Or if 10% of the estate is redirected to be gifted to a charity, the inheritance tax rate for the estate would decrease from 40% to 36%, which could result in big savings for the beneficiaries.

Another option is to redirect any inheritance into a trust to provide asset protection for future generations. This may also reduce tax liability for the estate.

How Can You Use A Deed Of Variation?

A beneficiary can only change the distribution of their share of the estate and not the shares of other beneficiaries.

Beneficiaries can choose to redirect their inheritance so that they all give a share of their inheritance to the individual or charity, or a beneficiary can choose to give a share of their inheritance – either way, the agreement of anyone else affected by the decision is needed for this to happen.

To use a Deed of Variation, the redistribution must be agreed by any beneficiaries who are impacted by the changes. All those affected must be over the age of 18.

The Deed of Variation needs to be signed by the Will executor or by the administrator of the estate.

When Can You Use A Deed Of Variation?

You can make a change using a Deed of Variation before or after obtaining a Grant of Probate. It must be within 2 years of the deceased’s death to take advantage of any potential tax benefits.

How We Can Help You With Your Deed Of Variation

Our specialist Wills and probate solicitors can help you when it comes to changing a Will or the outcome of the rules of intestacy after someone has passed away.

We can advise you on the appropriateness of using a Deed of Variation to redistribute assets you’re due to inherit, as well as help you in the creation of one.

With our help and guidance, you’ll be able to make any changes to the Will or outcome of intestacy to redirect your inheritance or redistribute a share of your inheritance, in the most straightforward and tax efficient way possible.

To speak to us about Deeds of Variation and changing a Will after someone has died, please contact us or email advice@bartletts.co.uk

Bartletts Solicitors Help Local Tenant Win Compensation For Housing Disrepair And Works

Bartletts Solicitors in Chester and Wrexham has recently helped a local line manager to secure compensation following a successful housing disrepair claim.

What is housing disrepairThe solicitors firm worked on this case to assist the 40-year-old line manager get her Landlord to carry out the necessary house repair works to be carried out and to resolve the disrepair, and compensation for having to live in the property when it was in a state of disrepair.

The line manager lived in a house that became in poor condition. There was a failed dampproof course, a roof leak that was causing damp and mould on the inside of the property, and a structural crack with bricks falling away.

Having got in touch with Bartletts Solicitors to explain the situation, the firm understood that the client wanted all the required works on the property to be completed and for the damp and mould to be removed, and to receive compensation for living in housing disrepair to-date.

Bartletts Solicitors worked on this case to assist the line manager to get his Landlord to carry out the works needed to resolve the disrepair in his rental property, and £2500 compensation for having to live in the property while it was in a state of disrepair.

To discuss a potential housing disrepair claim with one of our specialist solicitors call FREE on 0800 988 3674  or via a Mobile 0333 200 4465 or complete a Free Online Enquiry and we will soon be in touch.

 

 

What Happens If A Will Is Missing?

If you are the surviving spouse or relative and know that a Will has been written but you’re unable to find it, what happens next?

Bartletts Solicitors estate administrationAs a guide, you should conduct a thorough search to try to find the Will before assessing your options – depending on the outcome of your search, you might need to seek legal advice to distribute the estate according to your loved one’s wishes and ensure the rules of intestacy do not apply.

Searching For A Will

To ensure the deceased’s estate is distributed according to their wishes rather than the rules of intestacy, you need to find their original Will.

There are key places to search for the Will, including:

  • Home
    Many people keep their Will at home, often in a safe or with other important documents, so searching the deceased’s home is a good place to start.
  • Friends & Family
    Speak to friends and family members of the deceased, to see if they are storing the Will – at the very least, if it’s not with them, they might know where it is being stored.
  • Bank
    Some people store their Wills at their bank or building society so it’s a good idea to check here too.
  • Solicitors
    Many people store their original Will with their solicitor’s firm, to ensure it is kept safe. If the deceased’s local solicitors’ firm has closed, you can contact the Solicitors Regulation Authority for details of the company that took over from the firm.
  • National Will Registry
    More than 10million Wills are registered with the National Will Registry so it’s worth checking the registry.

What Happens If You Can’t Find The Original Will?

The answer to this question depends on the particular circumstances surrounding the missing Will.

The Will Was Destroyed

If the original Will cannot be found but it was believed to have last been with the deceased, the legal assumption is that the Will has been destroyed with a view to it being revoked.

When this happens, loved ones need to provide evidence to show the deceased did not intend to revoke it.

The Will Was Never Made

If the Will cannot be found and it is believed there wasn’t one in the first place, then the rules of intestacy apply.

Only The Copy Is Found

If the original Will isn’t found but a signed copy is, then loved ones can apply to the Probate Registry under Rule 54 of the Non-Contentions Probate Rules 1987, for an Order that enables them to prove the copy is legally valid.

No original or copy can be located

We always recommend that a Missing Will Search is undertaken.  There are various companies that can undertake a Will search for a fee which would be payable from the estate.  This can protect family members in the event that a Will is later found, when the estate has been dealt with previously on the basis that there was no Will. It can also be advised that Missing Will Insurance is taken out.

For this Order to be successful, relatives will need to provide evidence that the copy is the same as the original Will and that the original has been lost rather than destroyed and revoked. The Registrar will also need to be satisfied that every person who would be entitled to the estate, if there was no Will in existence (i.e. under the Rules of Intestacy) are in agreement with a copy of the Will being proved.

How We Can Help You When A Will Is Missing

When a Will can’t be found or only a copy of the Will can be found, it can be stressful for loved ones to prove that the original wasn’t revoked by the deceased and that their estate should still be distributed according to their wishes rather than the rules of intestacy.

It is a complex area of law, but our specialists have the knowledge and experience to help clients with lost Wills and estate administration. Our solicitors will provide expertise together with advice and guidance on searching for the Will and providing the necessary evidence for the Will to be deemed legally valid, to ensure the best possible outcome for you in this situation.

To speak to us about your missing Will, please contact us on 01244 311 633 or email advice@bartletts.co.uk

Can I claim for a Forklift Truck Accident?

An incredible proportion of all transport related accidents in the workplace involve forklift trucks (almost 25%) – and after recent incidents caused by propane powered forklifts, the Health & Safety Executive (HSE) has issued a safety notice on the importance of employers taking greater action to minimise the risk of forklift accidents.

Forklift Accidents At Work

The resulting injuries following forklift accidents, range from the minor to severe and even fatal, and usually cause workers to have time off in order to recover.

The most common dangers of using forklifts in the workplace, include:

  • Obstacles
  • Uneven flooring
  • Sharing the space with pedestrians
  • Lack of health and safety measures
  • Lack of training

The most common causes of forklift accident claims, include:

  • Hitting pedestrians
  • Loads falling off onto someone
  • Trapping limbs
  • Tipping over on bends
  • Insufficient space
  • Tiredness
  • Inadequate equipment

Health & Safety Executive’s Safety Notice

The Health & Safety Executive believe that the high level of forklift truck accidents is due to poor regulation and poor training by managers.

To improve the sector and minimise risks, the HSE has published an Approved Code of Practice (ACOP) that makes clear the minimum standards forklift drivers must observe:

  • Training for managers and operators, at least every 3 years
  • Vehicles must be maintained and any faults reported to supervisors
  • Sufficient space for free and safe movement
  • Premises maintained

In May 2023, the HSE also published a safety notice after becoming aware of a number of fires on LPG powered forklifts that have happened when starting the vehicles.  Advice includes carrying out regular training in the use of LPG powered forklift trucks as well as ensuring awareness of potential hazards of these vehicles and keeping the spaces in which they are operated well ventilated.

Employers’ Duty Of Care

Employers are legally obliged to keep all employees safe while on the premises. This includes protecting them from potential hazards and risks in order to provide a safe working environment. Training must be provided on how to safely operate all machinery and equipment, including forklift trucks, and all equipment must be maintained.

If your employer has been negligent in their duty of care and you’ve been injured in a forklift accident as a result, you likely have grounds to claim for compensation.

Forklift Personal Injury Claims

As all forklift accidents and resulting injuries are unique, the amount of compensation in each case is too.

Factors that determine the level of compensation include your pain and suffering since your forklift accident at work, which is assessed during a medical examination to confirm the extent of injuries. Financial losses are also taken into consideration, such as loss of earnings and costs for medical treatment or travel to medical premises.

How We Can Help You With Your Forklift Accident Claims

Our specialist solicitors have extensive experience of handling  forklift personal injury claims for clients and have an established track record of securing successful outcomes.

We will establish all the details of your forklift accident during a free initial, no-obligation consultation, which will enable us to calculate a fair settlement for your case – should you decide to go ahead with your claim for compensation, we will work hard to support you throughout the claims process and secure the compensation you deserve.

To find out more about making a compensation claim for a forklift truck injury please contact one of our experienced personal injury solicitors now! Call FREE on 0800 988 3674  or via a Mobile 0333 200 4465 or complete a Free Online Enquiry and we will soon be in touch.

 

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