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

With the winter weather upon us with snow, ice and cold dark mornings when we set off to work or school and dark when we return, it’s time to ensure you continue to stay safe.

Statistically, the most dangerous hours for cyclists are 3.00 to 6.00 p.m. and 8.00 to 9.00 a.m. on a weekday. However, cycling accidents in the dark are more likely to be fatal, which is why it’s vital to be extra cautious.

So, whether you walk, cycle or drive to work and your children walk or cycle to school, personal injury specialists Bartletts Solicitors have some top tips for staying safe:

• Make sure your children have the necessary safety gear with them when they go to school. This includes a helmet, high visibility jacket and lights fitted to their bike if they are cycling and reflective clothing if they are walking.
• Before setting off on your bicycle, make sure the lights at the front and back work. Check the lights’ batteries regularly, especially before longer journeys.
• Wear a helmet and high visibility clothing when cycling in the dark.
• Check your car and make sure it’s ready for winter. This includes checking that the headlights, indicators and windscreen wipers are working, and that there is screen wash in the water tank. As the roads can also become hazardous from freezing temperatures in the winter, it’s a good idea to keep de-icer in the car and to take a hot drink and warm clothing with you when driving at night in case of a delay or accident.

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

 

What Is The Inheritance Act?

The Inheritance (Provision for Family and Dependants) Act 1975 enables people to claim for financial provision in cases where it is deemed necessary and allows the courts to redistribute the deceased’s estate accordingly.

Can You Make An Inheritance Act Claim?

You may be able to make a claim if you have:

• Not inherited because there is no will and the deceased died intestate
• Been left out of a will completely
• Not been left as much as you need

You have Been Left Out Of A Will, Can You Claim?

Certain family and friends are able to make a claim in this instance, yes.

You have Not Inherited As Much As Expected, Can You Claim?

Certain family and friends are able to make a claim in this instance, yes.

The Deceased Promised To Leave You Something In Their Will But Didn’t, Can You Claim?

You may be able to if you can prove you were disadvantaged by depending on that promise – a claim known as a ‘proprietary estoppel’.

Who Is Able To Make An Inheritance Act Claim?

As a guide, the following individuals may be able to make a claim:

• Spouse or Civil Partner
• Former Spouse or Civil Partner
• Cohabitee
• Biological child or adopted child or anyone treated as a child of the deceased
• Dependant of the deceased

How Much Can You Claim For?

You can claim for a reasonable financial provision that is necessary for your maintenance, if you have a claim – but the amount does depend on how much the estate is worth, your financial circumstances, and if you were dependant on the deceased.

When Can You Make A Claim?

You need to make a claim within 6 months of the Grant of Probate or Grant of Letters of Administration. However, if you have a good reason for the delay, a claim can sometimes be made after the 6-month period although it’s a good idea to seek legal advice as delays can go against you when making a claim.

How Do You Fund Your Claim?

There are different options available for individuals who have a case for an Inheritance Act claim. Certain home insurance policies cover legal fees, for example. We would be happy to talk you through the options based on your individual circumstances, to find the best solution for you.

To speak to one of our specialist solicitors about making an Inheritance Act claim or defending an Inheritance Act claim, contact us on 0800 988 3674 or 01244 311 633 or email advice@bartletts.co.uk

Separation is never easy, whether you’re divorcing your spouse or partner amicably or not, it’s a stressful time – especially when there are financial considerations to resolve such as pensions.

Usually, the former matrimonial home is the largest asset in a divorce settlement with pensions the next biggest asset. So, it’s important you take steps to protect your pension if you’re considering or facing a divorce.

3 Ways To Protect Your Pension

Depending on your personal circumstances and financial situation, there are 3 main options available to you for protecting your pension when you separate:

1. Pension Offsetting
   This lets you keep your pension in its entirety by compensating your spouse or partner for the loss of a share in your pension by giving him or her a bigger share of other assets on offer as part of the divorce settlement. Whether this option is right for you will depend on the value of your pension as well as the other assets.
2. Pension Sharing
   Part of your pension is taken and paid into a separate pension scheme in your spouse’s name, with pension sharing. Among the factors to consider with this protection choice is how many years you have remaining to pay into your pension scheme – as any and all future contributions would only go into your pension pot, it may be you can boost your pension fund again before you retire.
3. Pension Attachment Order
   This enables a court to order that maintenance be paid to your spouse once the pension is in payment. At the point of payment, your spouse or partner will be paid directly by the scheme trustees. As with all the options, there is much to consider with this order, including the fact payment usually stops if your partner remarries and that you remain liable for income tax on the whole amount and any future contributions you make after your divorce goes through will increase the amount your partner gets at the point of payment.

Our family law solicitors have the experience, knowledge and understanding approach to help you decide on the right way to protect your pension if you’re filing for or facing a divorce. There are numerous factors to consider and each option will only work in certain circumstances, which is why your family lawyer will take the time to appreciate your individual situation, including your pension and assets to be considered in the divorce settlement, to ensure you find the best solution for you.

To speak to one of our professional family law solicitors about protecting your pension, contact us on 01244 311 633 or email advice@bartletts.co.uk

 

 

If you’re currently selling property or land that is unregistered, or planning to do so in the near future, finding a good solicitor will help you tackle all the legal complexities involved.

There has been a requirement since 1958 that all land transactions are registered at Land Registry since 1958. However, this became compulsory in different parts of the country in different years, which is why there is still a large number of unregistered properties and land.

Without your property or land being registered at Land Registry, it can be harder to sell – but far from impossible, especially when you have an experienced conveyancer working for you.

What Happens When You’re Selling Unregistered Land Or Property?

If your property or land is not registered, the title to the property relies on paper deeds that have been handed down from previous owners. Each deed will have been added to every time the property changed hands, which is why there are often numerous deeds and the deeds can have plans that seemingly don’t correlate with the existing buildings or land.

When your land is registered, all the important information of all the deeds is written within the one document, enabling the conveyancer to establish who the current owners are and their status, purely by looking at the title supplied by the Land Registry.

The conveyancer should have experience of dealing with unregistered land and know what to do. While every transaction is unique, as a guide, the following will need to be done in order to sell unregistered land or property:

• Plans checked with Land Registry using the new MapSearch together with an Index Map Search of the land
• The Epitome or Abstract of Title provided to the seller’s solicitor will contain copies of all the deeds, which need to be checked
• Every document needs to be checked from a minimum of 15 years from the current date, to make sure there is a clear chain of title from then until now
• Checks include any information that would be on the Register, including bankruptcy, marriage changes, stamp duty paid, and whether the title is free from defects
• Paper title deeds prove ownership and the seller’s title would need to be thoroughly investigated during the conveyancing process

Is There Anything You Can Do To Help Sell Unregistered Land?

Many sellers of land or property that isn’t registered with Land Registry, choose to register before beginning the selling process or as a pre-condition of the sale. This gives certainty to the buyer that Land Registry should accept the First Registration application when submitted.

How We Can Help With The Sale Of Unregistered Land

All our conveyancers have the experience and legal knowledge to assist with diverse property transactions, and many of our conveyancing team have a proven track record of dealing with unregistered land and property.

Your chosen conveyancer would work closely with you, advising you on the best way to proceed with the sale. We can help with the checking of documents as well as handling any queries from Land Registry and providing legal guidance on any issues that arise during the process. Regardless of how you decide to sell the property – registering it beforehand or waiting for the buyer to do so during – we have the expertise to support you.

To speak to one of our professional conveyancing solicitors about your unregistered land or property and how best to sell it, contact us on 01244 311 633 or 0800 988 3674 or email advice@bartletts.co.uk

 

 

When you are at work, your employer has a duty to ensure that you are safe and protected from any harm as far as is reasonably possible. This includes providing protective personal equipment (PPE) such as gloves, helmets, eye protection and suitable clothing if you are likely to come into contact with any hazardous materials.

If your employer fails to provide protective equipment, and you then suffer an injury or have an allergic reaction as a result of the exposure, you could be eligible to claim compensation for personal injury from your employer. This is just what happened to a client who recently came to see Bartletts expert personal injury solicitors in Wrexham.

The 32-year-old labourer was contracted to work on a building site, where he would come into contact with a specific type of cement. He was not provided with any protective equipment and so his hands and arms were exposed to the cement as he mixed and worked with it.

Without warning, his hands and arms started to get red and itchy, and as the rash progressed it became more pronounced and painful. He went to see his GP, who sent him to the local hospital where he was diagnosed with dermatitis as an allergic reaction to the cement.

The doctor prescribed creams and steroids for his hands and arms to reduce the redness, swelling and irritation from the skin condition. Due to the severity of the allergic reaction he was advised to avoid any future exposure to wet cement, and so had to leave his current job and change the nature of his employment.

When he came to see one of Bartletts specialist personal injury lawyers in Wrexham, he had not been able to work for a few weeks while his hands and arms healed and had been in a lot of pain and discomfort during that time. Our lawyer quickly established that the employer had not provided adequate PPE equipment and then negotiated compensation settlement for personal injuries and loss of earnings with their insurance company.

If you have suffered an accident or injury that wasn’t your fault contact Bartletts Solicitors today

Can You Make An Inheritance Act Claim?

Depending on the circumstances, you can make a claim for reasonable financial provision from a deceased person’s estate under the Inheritance (Provision for Family and Dependants) Act 1975.

As certain individuals are eligible, it may be that you are able to make an Inheritance Act claim if you have not inherited due to intestacy, been left out of a will or left a smaller amount than you need.

What Is The Inheritance Act?

The Inheritance Act enables people to claim for further financial provision where it is deemed necessary and allows the courts to redistribute the deceased’s estate accordingly.

Individuals who may be able to make a claim are those who have:

• Not inherited because there is no will and the deceased died intestate
• Been left out of a will completely
• Not been left as much as they need

Who Can Make An Inheritance Act Claim?

Certain family members and dependants can make a claim under the Inheritance Act for reasonable financial provision that is necessary for their maintenance. The exception to this is for a surviving spouse or civil partner who is entitled to reasonable financial provision regardless of whether it is needed for maintenance.

As a guide, the following family members and dependants can make a claim, although there are certain requirements that may need to be met by the individual:

• Spouse or Civil Partner
• Former Spouse or Civil Partner
• Cohabitee
• Biological child or adopted child or anyone treated as a child of the deceased
• Dependant of the deceased

How We Can Help With Making An Inheritance Act Claim

If you feel you have not inherited as much of the estate or you have not inherited at all, whether due to the rules of intestacy or being left out of the will, following the death of a loved one, you may be able to make a claim under the Inheritance Act 1975 – and we can provide you with all the supportive specialist advice you need to make such a claim.

Whether you want to bring a claim against an estate or defend a claim against an estate, we have a team of experienced and supportive Wills and Probate Solicitors, who will guide you at every stage of the process, including the initial establishment of your circumstances and whether you have a right to claim.

We can also help if all parties involved in the estate agree that the provisions of a will need to be changed but are unsure how to plan for this, something that often occurs where children are concerned.

To speak to one of our specialist solicitors about making an Inheritance Act claim or defending an Inheritance Act claim, contact us on 0800 988 3674 or 01244 311 633 or email advice@bartletts.co.uk

 

 

Did you know that if you need any medical (or dental) treatment after an accident and you do not use the NHS, you may be able to reclaim the cost of private treatment as part of your claim for personal injuries?

This is just what happened when an office worker tripped and lost a tooth at work; Bartletts specialist personal injury solicitors in Wrexham helped her recover private dental costs and get the compensation she deserved to ensure that she can continue to receive ongoing private dental care in the future.

The accident happened at work when the 28-year-old receptionist was on her way to the printer from her desk, a journey she had made hundreds of times, when she tripped on a cable and fell over. The electric cable was connected from the computer to the printer and was a known hazard in the office, as other workers had tripped on it before but had not been injured.

The receptionist fell to the floor, landing hard on her knees and striking her front teeth on the corner of a desk as she fell. She was in a lot of pain, there was a lot of blood from her mouth and she was significantly distressed to see part of her tooth fall out.

The young lady went straight to see her private dentist, who carried out an emergency dental repair to her tooth and advised that she will need future repair or replacement of the tooth every 10 to 15 years. She also went to see her GP about her knee and was referred for a course of physiotherapy to help her regain full movement.

When she came to see Bartletts personal injury lawyers in Wrexham, we contacted the employer on her behalf and they quickly admitted responsibility for the accident. Our lawyer then arranged for dental reports to assess the long-term prognosis before starting to negotiate a settlement figure for compensation for personal injuries.

In light of the receptionists age Bartletts were able to negotiate a significant lump sum of compensation to cover her private dental costs to date and for the future, as well as compensation for pain and suffering and loss of amenity.

If you have suffered an accident or injury that wasn’t your fault contact one of our personal injury teams today at our Chester or Wrexham offices on 01978 360056 or 0800 988 3674 or email advice@bartletts.co.uk