When you die, can you be certain loved ones will follow your wishes as stated in your Will? One way you can be confident this will happen is to have a professional solicitor write your Will – and with probate fraud on the increase, the importance of this cannot be overstated.

Homemade Wills are easy to forge, leaving both you and loved ones vulnerable to unscrupulous individuals. It is possible nowadays to write your own Will at home, using software or websites, however doing so can leave you open to forgery.

The Society of Trust and Estate Practitioners estimate there to be between £100 and £150 million worth of probate fraud each and every year.

Whether the theft of your estate and assets is perpetrated by organised criminals or family or friends, the outcome is the same – your wishes are not followed and the persons you wanted to inherit your estate no longer do.

Replacement Wills can be easily forged if the original was only made at home, and sometimes the deceased’s family members do not even know that the Will has been changed. For example, if the deceased has two children and has stipulated in his or her Will for one to inherit more than the other, and the Will is found by the child who deems it unfair, the Will could be replaced with a forged one that changes this and the other sibling never knows the truth. When it comes to criminals, data is accessed that reveals the name and details of the deceased so a Will can be convincingly forged that appoints the criminals as Executors, often through a company created by the gang, and gives them full access to the estate.

According to the Court Service data, the number of High Court cases involving disputed Wills increased 175 percent during 2011. To help ensure you don’t become a victim of probate fraud, make sure you have your Will written by a qualified solicitor.

Why Using A Solicitor To Write Your Will Helps

A solicitor can not only provide professional legal advice and guidance on the complex issue of Wills and probate but draft a watertight Will to ensure your wishes are followed after your death.

1. Recorded Wishes

If you write a Will using a solicitor rather than making a homemade Will, there is a proper record of your wishes. You can also state your reasons for the division of your estate.

2. Validated Wishes

A solicitor is able to verify that your Will is genuine if it was drafted professionally.

3. Protected Wishes

When a solicitor helps you draft your Will, the completed document is stored by the solicitor so no individual is able to change it or forge a replacement.

You can ensure your wishes are carried out and your estate divided according to your Will by using a solicitor to draft it for you. To find out more about our Wills and Probate services or for advice on making a Will, contact our team on 0800 988 3674 or email advice@bartletts.co.uk

 

One in four accidents on the UK roads is a rear end shunt, where one vehicle goes into the back of another. Although common, this type of collision can leave drivers and passengers with painful soft tissue injuries and whiplash injuries.

Bartletts personal injury solicitors in Chester are highly experienced at securing compensation for victims of rear end shunt accidents.

We recently helped a young healthcare assistant win over £5,000 in compensation for personal injuries following a rear end collision with the car she was driving. The lady was driving to work and slowed down as she approached a junction. The vehicle behind her, a taxi, failed to slow down at the same rate and collided into the back of her car.

There was only a small amount of damage to her car, but the lady was in a considerable amount of shock so an ambulance was called to the scene. She was suffering from pains in her arms and chest and she sustained soft tissue injuries to her neck and back, caused by the whiplash movement in the accident. She also had altered sensations in her arm.

When she came to see one of Bartletts specialist personal injury lawyers, the lady had been off work for three weeks. She was still suffering from a considerable amount of pain and was too anxious to drive. She needed ongoing physiotherapy treatment and had to take taxis in order to attend.

Our experienced solicitor quickly established a claim for personal injuries and a claim for loss of earnings against the taxi driver’s insurance company. We successfully negotiated settlement of her claim for compensation for personal injuries and loss of earnings on behalf of the lady, enabling her to get the rehabilitation care and treatment she deserved.

 

Bartletts personal injury solicitors in Chester recently won compensation for personal injuries on behalf of a child who trapped his finger in the toilet door in a supermarket.

The boy, age 7, was accompanying his father to conduct their weekly grocery shop at their local supermarket when he asked to go to the toilet. The father asked a shop assistant and was told that the supermarket did not have any public toilets but the boy could use the staff toilets.

The boy was guided to the staff toilet, down a corridor, by a supervisor and allowed in on his own. There was a keypad on the door which meant that the boy, who did not know the code, could not open the door from within. The supervisor entered the code and pulled the door open trapping the boy’s finger in the hinge.

The boy was in considerable pain and his finger was bleeding profusely. His father immediately took him to the accident and emergency department of the local hospital where they discovered that flesh on the tip of his right index finger had been removed in the hinge. His finger was x-rayed but it was not fractured. The wound was dressed before he was discharged.

As well as suffering ongoing pain and distress caused by the accident, he was unable to use his hand for four weeks while the wound healed so his parents had to give him extra help to get dressed. The boy permanently lost the tip of his fingertip.

As children under 18 cannot make a legal claim, an adult, usually a parent, has to make the claim on their behalf. Bartletts expert personal injury solicitors helped the boy’s parents win compensation for personal injuries suffered. We were also able to claim compensation for parent’s loss of earnings to attend court hearings and claim compensation for gratuitous care delivered by his parents.

When a student suffered incapacitating injuries after a hit and run by a motorcyclist, Bartletts personal injury solicitors in Chester helped him secure a substantial sum in accident compensation to get him back on the road to recovery.

The 18 year old university student was walking along a footpath when a motorbike collided straight into him. The motorcyclist did not stop and instead drove off leaving the student badly injured at the scene. It was not until a few minutes later that the student was found by another pedestrian and an ambulance was called. He was taken to the local hospital where he remained for the following three weeks to receive treatment and care.

The student had suffered extensive injuries including a fracture to his right tibia, fracture to his pelvis and soft tissue damage to his back. The damage to one of his fingers was irreparable and the doctors had no alternative but to amputate it.

Despite their best efforts, the police were unable to trace the driver of the motorbike to hold him accountable for his actions. Instead, our specialist personal injury lawyer helped the student make a claim for compensation from the Motor Insurers Bureau (MIB). The MIB is an agency which aims to compensate the victims of negligent uninsured and untraced motorists.

Due to the nature of his injuries, our experienced personal injury solicitor ensured the student was examined by a Consultant Orthopaedic Surgeon who provided a diagnosis and prognosis.

Following his discharge from hospital, he needed ongoing physiotherapy and acupuncture which helped him get back on track and resume most elements of his life. He remains indefinitely incapacitated from certain activities due to problems with his grip. We also ensured the student had the option to see an occupational therapist to help him overcome the psychological effects of his injuries.

Bartletts expert personal injury lawyer successfully negotiated a substantial settlement in compensation for personal injuries on behalf of the student with the MIB, reflecting the serious nature and ongoing impact the clients injuries would have on his life.

When an experienced cyclist suffered immobilising injuries in a road accident, Bartletts personal injury solicitors helped him win the compensation he deserved.

The 27-year-old cyclist was enjoying a leisurely cycle along on his way to his weekly cricket match. As he made his decent down a hill, he noticed a stationary taxi in the middle of the road, indicating to turn right into a car park. As there was room on the nearside, between the taxi and the pavement, the cyclist continued to attempt to pass.

Unexpectedly, the passenger door of the taxi opened straight into the path of the cyclist. The passenger in the taxi had grown impatient of the traffic and had decided to alight. The cyclist’s bicycle collided at speed into the door and the cyclist was catapulted over the handlebars. Landing on the road, the cyclist suffered a dislocated shoulder, broken elbow and broken wrist.

He was taken to the local hospital by ambulance where he received surgery to realign the bones in his shoulder and elbow. In order for the bones to realign correctly both his arms were set in plaster and pinned, leaving him unable to move them.

When he came to see one of our specialist personal injury lawyers, the cyclist, who had only be married a month before the accident, was being cared for around the clock by his mother and new wife. He was unable to return to work until bones had fused and the pins could be removed. He would also need ongoing physiotherapy to help mobilise his arms and shoulder.

Our experienced personal injury solicitor skillfully established that the taxi driver carried most of the responsibility for the accident, as he should have kept the doors locked when driving to prevent the impatient passenger from opening the door.

Bartletts successfully negotiated a settlement of his claim for compensation for personal injuries including a substantial element for care and assistance.

A recent poll has highlighted an issue Bartletts Solicitors has been aware of for some time – that many people in the UK have not written a will and have not discussed dying and end of life wishes.

A lot of people still feel uncomfortable discussing dying and death with loved ones to the point that they’ve not made a will, as this survey has shown, even though it’s so important to plan for your end of life wishes.

Carried out for the Dying Matters Coalition care organisations, the survey of 2,000 adults reveals only a third have written a will and just 21 percent of individuals have discussed their wishes upon their death.

Sadly, death is the one thing we can all be certain of, and to avoid talking about it and not taking action to plan for it often leads to heartache and difficulties for loved ones left behind.

If you die without a will, your estate passes to relatives in accordance with the rules of intestacy which may not be according to your wishes. This means that potentially many people are likely to inherit very little or nothing at all – even those closest to the deceased. If you’re not married, for example, and haven’t made a will then your partner won’t automatically inherit.

As wills and probate solicitors, we have experience of dealing with the sad and stressful consequences of people not having a will written in their lifetime.

It also saves a great deal of difficulty when individuals talk openly with their family and friends about their end of life wishes.

The poll highlighted the extent to which talking about death is off-limits for so many – 80 percent feel discussing death and dying makes people uncomfortable. Just 29 percent of those asked said they’d let loved ones know of their funeral wishes, with 51 percent saying they’d not made their partner aware of their end of life wishes.

A separate survey of 1,000 family doctors found that 25 percent of GPs hadn’t initiated conversations with patients about their end of life wishes, although the overall number of doctors who do is on the rise.

The importance of discussing dying and making plans for when you die really cannot be overestimated.

Plans, together with a professionally drawn-up will, enable loved ones to fulfil your wishes when you die, and enable you to look after loved ones in the way you want to.

If you haven’t planned for your end of life wishes already then today is the day to do so. By letting loved ones know what you’d like to be done after you’ve gone, including funeral plans and how your estate is to be divided, you reduce the stress at an already upsetting time – and ensure those you care for most are protected long after you’ve gone.

To speak to one of our specialist wills and probate experts today about your personal situation, call us on Freephone 0800 988 3674 or email us on advice@bartletts.co.uk

 

 

Bartletts Solicitors has welcomed the creation of a new £380m compensation fund for victims of asbestos related diseases including mesothelioma.

Sufferers diagnosed after July 2012 who, until now, have been unable to claim compensation from former employers or insurers as a result of being unable to trace them can now make a claim to the new compensation fund.

“This is good news for individuals who are suffering from an asbestos related disease and represents justice at last with higher compensation levels now available to them,” says Trevor Morris, Director, Bartletts Solicitors.

From April 2014, victims of asbestos related cancer and their families are able to claim for compensation, with payments set to range between £115,000 and £123,000 – far higher than the previous average of less than £20,000.

Caused by exposure to asbestos, mesothelioma is an aggressive form of cancer that can lie dormant for up to 5 decades before symptoms start to show. This is why, although the dangers of asbestos are now known and the natural material has been forbidden in the UK since 1999, many people are still suffering and many more will suffer as a result of earlier asbestos exposure.

“Mesothelioma is a frightening disease as it takes a long time for symptoms to develop but then progresses very quickly,” comments Trevor Morris.

“For those who were exposed to asbestos in the workplace, commonly in the construction, shipbuilding and engineering industries in the 1970s and 1980s and in the house building industry from as early as the 1950s, this news represents justice at last.

“Employers have a duty of care to ensure staff are kept safe and out of danger in the workplace, and this new fund has been created for those employees who were negligently exposed to asbestos at work.”

The Mesothelioma Act came into law in January this year and has led to the compensation fund being established, financed by the insurance industry.

On top of the compensation, this fund will also pay £7,000 towards legal costs.

Individuals diagnosed after 25 July 2012 who can’t trace their previous employer or insurer can apply to the fund and the Government estimates there are around 3,500 mesothelioma victims or their families who may be eligible for compensation.

Trevor Morris adds: “If you or your dependants are suffering because of exposure to asbestos that has caused mesothelioma or an asbestos related disease, it’s important you check whether you can make a claim to this fund for the compensation you deserve.”

To speak to one of our specialist personal injury solicitors today about your personal situation, call us on Freephone 0800 988 3674 or 01244 313 301 or email us on advice@bartletts.co.uk

 

 

When an accident happens at work, whether you are a permanent or temporary employee or an apprentice, establishing the reason for the accident can help prevent other workers from being injured in the future.

One of the most common reasons for accidents at work is insufficient health and safety training. Employers are obliged by law to make sure that all their workers are properly trained and observe health and safety at work regulations and this is especially important for new recruits and apprentices.

This was not the experience of one young man who came to see Bartletts personal injury lawyers in Chester. He had been employed as an apprentice heavy goods vehicle (HGV) engineer but was not given any health and safety training or guidance before he started work.

The 25 year old apprentice was working in the pit, under the prop shaft of a HGV, when the prop fell on him injuring his right index finger. He was taken to the accident and emergency department of the local hospital where he was x-rayed and stitched. His right index finger had been crushed and his shoulder had been sprained under the weight of the shaft.

When he came to see one of our experienced personal injury solicitors the young man was still in considerable ongoing pain from his shoulder and had permanent scarring and a nail deformity to his right index finger. He had been unable to return to work following the accident.

Our specialist personal injury lawyer quickly established that there had been a breach of Health and Safety at Work, Manual Handling Regulations. The prop shaft should have been supported by two people at all times, which the apprentice did not know about. Bartlett’s successfully secured a settlement which included compensation for personal injuries and £1,000 compensation for loss of earnings from his employer, sending a message that health and safety at work should not be ignored.

When a daily bus journey turned into a nightmare for one elderly passenger, Bartletts personal injury solicitors in Chester were able to secure £3,600 in compensation for the trauma and personal injuries she suffered.

The 75 year old pensioner was boarding a public transport bus as part of her daily journey to visit her son. As she boarded the bus, the driver who was in conversation with another passenger pushed the button to close the automatic doors. The lady, who was unable to move out of the way quickly enough, was trapped by her shoulders in the closing doors.

The lady already suffered from chronic arthritis in her back and the bus injury had exacerbated her back condition, leaving her with soft tissue injuries, bruising and a jarred shoulder. When she came to see one of expert personal injury lawyers she was in a considerable amount of ongoing pain and had limited mobility.

Prior to the accident the lady visited her son everyday to look after him. Her son had a long-term medical condition that required daily care and assistance that was being provided by his elderly mother. Following the accident, due to her limited mobility, the lady was unable to continue providing care for her son.

Our specialist personal injury solicitor contacted the bus company’s insurance provider on the lady’s behalf and made a claim for compensation for the personal injuries she had suffered. We also made a claim for care and assistance for the lady and for her son.

Despite the fact that the lady had not been issued a bus ticket nor was there any CCTV footage of the incident, Bartletts skilfully negotiated a settlement covering compensation for personal injuries from the bus company’s insurers. The lady was referred for physiotherapy to get her back on the road to recovery and a carer was appointed to look after her son.