Leaving a conditional gift in your Will can sometimes cause unintentional problems for loved ones in the future, which is why a gift with conditions attached needs careful consideration.

“You may have the best possible motives for leaving a conditional gift in your Will,” explains Nina Sperring, Solicitor and Director at Bartletts Solicitors.

“However, occasionally things can go awry with conditional gifts, when the beneficiaries fail to meet the conditions and as a result forfeit the gifts. The failure to fulfil conditions can be due to a number of reasons, including an unawareness of the conditions in the first place.

“Best intentions are not always enough when it comes to Wills and conditional gifts, and it’s important you regularly review and update your Will to avoid future issues arising for loved ones after you die.”

What Happens When The Conditions Of A Gift Aren’t Met?

The importance of having an up-to-date Will when conditional gifts are involved, is highlighted by a recent High Court case.

This High Court case resulted in two adult children missing out on their share of a farming partnership their father would otherwise have had due to a failure to meet the condition set by their grandfather in his Will that they didn’t even know about.

Background To The Case

Mr Hines was the owner of a family farm and left his interest in the farm to his wife and two of his children, John and Philip, split equally between the three of them, in his Will.

The gift to John and Philip was made with a condition, however. The condition was that within nine months of his death, each had to pay their brother Basil and sister Beryl £15,000. If this condition was not met, their inheritance would pass to Basil and Beryl.

Condition Not Met

Mr Hines’s death meant the time limit on the conditional gift was 4 October 1992.

John failed to meet the deadline and his interest passed straight to Basil and Beryl.

Philip, however, had died two years before his father, in 1990, so obviously could not meet the condition stipulated in his grandfather’s Will.

Philip’s children, Judith and Janet, brought the case to the High Court claiming they should have their father’s share of the farm. They argued they should either inherit free from the condition imposed on their father in the Will or be excused of their obligation due to their ignorance of the condition.

The judge ruled that they shouldn’t inherit, as the condition within Mr Hines’s Will was very clear and that the children of a beneficiary are bound by the same conditions as the beneficiary. Furthermore, a beneficiary’s ignorance of a condition or the ignorance of the beneficiary’s children does not make that condition impossible to fulfil.

Hence, Judith and Janet did not inherit and their share of the farming estate passed to Basil and Beryl.

Important Lesson

Had Mr Hines updated his Will after Philip’s death, he could have made his condition surrounding the gift for his two sons clearer and Philip’s children would likely have been able to meet the condition and inherit accordingly.

How We Can Help You With Conditional Gifts   

It is important to write down all your wishes for loved ones in your Will, including any conditional gifts you want to leave to beneficiaries. However, it is even more important to ensure your Will is carefully drafted by a professional solicitor and that you review and update it on a regular basis, especially where conditional gifts are concerned.

We’ll ensure all your wishes for your estate are detailed in your Will, including any gifts with conditions attached, and that your Will is as legally watertight and current as possible, to help avoid disputes down the line.

To speak to one of our specialist Wills and probate solicitors about making or updating your Will to incorporate a conditional gift, contact us on 0800 988 3674 or 01244 311 633 or email advice@bartletts.co.uk

The personal injury specialists at Bartletts Chester office recently helped a local cleaner to secure compensation for respiratory symptoms, which had been caused by living in unfit housing conditions for two years.

The 42-year old cleaner had been living in the below-standard property with damp and mould, that ruined many of her clothes and made her susceptible to chest infections, coughs and colds during the winter months.

As a result, she suffered from respiratory symptoms far more frequently than the average person experiences winter coughs and colds.

Luckily, she decided to use the personal injury services available from the Bartletts Chester office, and the team was able to use the photos of the damp house that the client had taken as evidence. She also had been in touch with her GP, despite self-medicating for her symptoms, and there was a record of her ailments as a result. Although there was no evidence she had complained to her landlord, the landlord had failed to comply with housing protocol and was at fault for not doing so.

The personal injury specialists at Bartletts Chester helped her to successfully claim compensation for her respiratory symptoms caused by unfit housing, as well as for damaged clothing and possessions.

In addition to the compensation, she was moved to new accommodation and no longer suffers the symptoms caused by her previous unfit home.

Our experienced property solicitors have handled all types of claims against landlords for disrepair and are here to help you if you’ve suffered an illness or injury, stress or loss, due to property disrepair and want to make a claim for compensation.

For advice and guidance on your housing situation or to speak to one of our property solicitors about making a housing disrepair claim, contact us on freephone 0800 988 3674 or Tel Chester: 01244 405 399 or email advice@bartletts.co.uk

The state of the roads and cycle paths can pose a hazard to cyclists and vehicle drivers alike – and we have some advice if you’ve suffered an injury on your bicycle due to the poor condition of the road.

Cycling Claims Against The Highways Authority

If your accident has been caused by a pothole or poorly maintained road, you can make a claim against the Highways Authority.

According to section 41 (1) of the Highways Act 1980, the local authority has a duty to maintain the highway. This is why a claim is usually made under the Highways Act when there is a defect in the road.

However, under section 58, the authority is not liable if it can prove care has been taken to inspect, maintain and repair that part of the highway and that it was not dangerous for traffic.

Factors the court will consider when a cycling claim is made against a local authority, include:

• The condition of the part of the road where the accident happened
• Whether the condition of the road was reasonable
• If the authority knew or could have been expected to know that the road condition was likely to cause danger for cyclists and drivers
• If warning signs had been displayed when deemed reasonable and the authority could not have been expected to repair the road before the accident

Cycling Claims Against The Landowner Or Other

If debris in the road caused your accident, then it’s likely you can make a claim for negligence against the responsible person – be that a builder after an item fell from a nearby building site; a landowner whose petrol spillage leaked onto the road; or a farmer whose object fell from a tractor and landed in the road. However, you would need to be able to prove who was responsible for debris on the highway.

It may still be possible to claim for negligence if you’re unsuccessful with your initial claim under the Highways Act.

Cycling Claims Against The MIB

If your cycling accident was caused by debris in the road, such as something falling from a construction site or a spillage in the road or an object falling from a lorry, and the individual responsible for the item involved in the incident can’t be traced, then a claim can be made under the Motor Insurers Bureau (MIB) Untraced Drivers Agreement.

For a claim against the MIB to be successful, it’s important you report the accident to the police straightaway or there’s a risk the MIB won’t consider the claim.

How We Can Help With Cycling Claims  

Our professional personal injury solicitors have the experience to help with a range of cycling claims and will work hard to establish the cause of your accident and how best to proceed.

Whether your cycling accident happened because of a pothole in the road or debris on the road, we will help you make a cycling claim under the Highways Act or to claim for negligence against the responsible party.

To help with your claim, take a photo of the scene of the accident – but only if it is safe to do so. It’s important to highlight the condition of the road and the depth of any defect if you can, as well as any signs that show who may be responsible for the accident. Check whether local businesses have CCTV or if there are any witnesses and report the accident to the local council or landowner as soon as possible.

Make a free compensation enquiry today

For specialist advice on your personal injury claim, call us now on 01244 752 999 or complete a Free Online Enquiry and we will soon be in touch.

Second marriages are on the increase, particularly in later life – and there are steps you can take to ensure you continue to protect your assets if you have a new spouse.

Nina Sperring, Solicitor at Bartletts Solicitors says: “As a member of the Society of Trust and Estate Practitioners (STEP) and STEP-qualified lawyer, I’m up-to-date on their findings and they recently published data that highlights nearly half of their members have experienced an increase in clients wishing to use trusts as a means of protecting their assets – and a rise in second marriages is a big reason for this upswing.

“When you marry, your existing Will is void which means unless you make a new one your estate will be distributed according to the rules of intestacy when you die. If you’re entering or have just entered into your second marriage, failing to make or update your Will could mean your new spouse gets more than you’d ideally like or your children get far less when you die.”

If you’re prepared and plan ahead, you can marry and still ensure you protect loved ones after you die. 

Make A New Will Or Update Your Will

Write a new Will when you get married a second time, so it is valid and reflects your wishes for loved ones and family.

It is possible to include a trust in your Will with a view to protecting your new spouse as well as children from a previous marriage, for example. It may enable your second husband or wife to use your assets after you die, during their lifetime, but when he or she dies, your children would receive all the assets – or you can make an alternative arrangement that suits the specific needs of your circumstances.

How We Can Help You Protect Your Assets For The Future

Inheritance is not always straightforward, especially when it comes to second marriages and children from previous relationships – which is why our specialist family law solicitors provide tailored expert advice and guidance that lets you know your options and supports you in achieving your wishes for loved ones and family.

We will help you prepare for later life, including setting up any Powers of Attorney as well as writing a Will to reflect your current circumstances.

As all our advice is tailored to your needs, we’ll help you find the best ways to protect your assets, for you today and for your future.

To speak to one of our specialist solicitors about making a Will or for advice on protecting your assets, contact us on 0800 988 3674 or email advice@bartletts.co.uk

Private Client Solicitor Nina Sperring is celebrating her 10th anniversary with Chester’s Bartletts Solicitors this month – and is looking forward to enjoying many more years to come with the firm.

Joining the firm in 2009 in Bartletts Nicholas Street office, Nina moved to the Hoole office in 2012 when she qualified as a solicitor and now manages this office.

“I have enjoyed every aspect of working for Bartletts Solicitors during the past 10 years and I genuinely love my job. I hope for another 10 happy years with the firm,” says Nina Sperring.

“My reason for joining the firm in the first place was its excellent reputation. Bartletts Solicitors prides itself on its personal service and clients’ wellbeing; both are extremely important to me. The fact the company began in 1860 and still has two generations of Bartletts family members working within the firm speaks volumes.

“In our Hoole office, we have clients who pop in for a cup of tea and chat, and I think that’s what my job is all about – taking such great care of clients and getting to know them as individuals over the years to ensure I can provide a truly personal service.

 “Bartletts is a very supportive employer and takes good care of both its staff and clients. This is why employees have been with the firm for so long, as have many clients.

“Thanks to Bartletts funding my studies to become a Trustee and Estate Practitioner, I can now say that I am a qualified expert in the Private Client field. This means that I am able to provide an even better service to my clients.

“It’s been fun to see the firm grow during the course of the last decade, particularly as the high standard of client care has remained consistent throughout. All the Chester offices are friendly and everyone enjoys the work they do here.”

The legal world has naturally changed over the past 10 years, including the personal injury reforms that have come into place.

Nina adds: “There has been an overhaul of the legal profession and it seems to me that only the most experienced and trustworthy firms are surviving.

“My advice for anyone considering entering the legal profession, is to undertake work experience first. Every area needs different skills and it’s important to find the one that’s right for you – it’s a demanding profession but very rewarding too.

“I’ve thoroughly enjoyed the last 10 years here and hope to look after clients and work with colleagues at this firm for many, many more years to come.”

To speak to Nina Sperring for advice on a particular legal matter or to find out more about the services Bartletts provides, contact us on 0800 988 3674 or 01244 311 633 or email advice@bartletts.co.uk

Bartletts Solicitors sponsored the Farndon 10k race for another year and Nina Sperring Solicitor at our Hoole office presented prizes to race winners Charlie Hulson and Joanna Mardsen.

Charlie Hulson of Liverpool Harriers won in a course record of 29.56.  Charlie is a GB International and is hoping to represent Wales in the marathon at the Commonwealth Games at Birmingham in 2022.   Joanna Mardsen of Ellesmere Port Running Club was the first lady in a time of 37.11 which is a personal best for her.  

Bartletts Solicitors Nina Sperring also took part in the race.

The personal injury team at Bartletts Chester office recently helped four shop assistants to win compensation for chest infection symptoms that had been caused by working in an unfit environment.

The four claimants, aged between 20 and 30, had all worked for a shop selling beauty products and noticed that whilst employed there they seemed to feel unusually unwell for much of the time.

The reason for this became clear when, in November 2015, there was severe weather and the shop ceiling fell down. This exposed the fact the shop attic, directly above the working area, was full of dead and decomposing pigeons as well as faeces and bird carcasses.

Using this as firm evidence of liability on the part of the employer, together with medical evidence from the claimants’ testimonies and medical records, the specialist personal injury team at Bartletts Chester helped the shop assistants secure compensation for their symptoms as well as out of pocket expenses.  

The medical records had shown patterns of unusual illnesses, in all four individuals, such as respiratory problems, chest infections, eye infections, and general feeling of being unwell.

Each claimant recovered but became generally unwell again shortly afterwards.

Unfortunately, the attic in question was not immediately repaired or boarded up so there is a risk a similar situation could arise again – we are just thankful our personal injury services provided by Bartletts Chester won the compensation these shop assistants deserved, and hope the employer will soon take the necessary action to ensure its premises are fit for purpose.

Make a free compensation enquiry today

For specialist advice on your personal injury claim, call us now on 01244 752 999 or complete a Free Online Enquiry and we will soon be in touch.

Big changes in personal circumstances can lead to a want to drastically change your Will – and this is not a problem, provided it is done in a legally safe way.

Nina Sperring, Solicitor at Bartletts Solicitors in Hoole, Chester, says: “Making big changes or revoking your Will is possible at any time but must be done in such a way that ensures your new Will is legally valid.

“It is all too easy to think you have destroyed your Will but this is not always enough – to fully revoke a Will, it must be the original that is cancelled. It is also important you either write a new Will or legally alter your existing Will or you run the risk of dying intestate.”

The need to revoke or change your Will legally has recently been highlighted by the case of Blyth v Sykes.

Blyth v Sykes

The family of Mrs Agnes Moore, who died in 2016, ended up having their dispute heard in the High Court, when her daughter Mrs Blyth and son-in-law Mr Sykes couldn’t agree on Mrs Moore’s Will situation.

Mrs Blyth argued her mother had destroyed it, thereby revoking the Will, whilst Mr Sykes said the original Will had simply been lost.

Whether the Will had been destroyed or lost would have a big impact on who benefitted from Mrs Moore’s estate.

Mrs Moore’s Will said her estate should be divided between her three children, Mrs Gail Blyth, Mr William Moore, and Mrs Debbie Sykes and her former husband Mr Leslie Sykes. As with many Wills, her Will stated that if any beneficiaries died before her, their share would be divided between that person’s children.

Debbie died in 2015, and Mrs Blyth argued her mother had torn up her Will after Debbie’s death as she didn’t want Debbie’s children to inherit – according to her, Mrs Moore only wanted her two remaining children and Mr Sykes to benefit.

However, if she did revoke her Will then she’d have died intestate, meaning Mrs Blyth, Mr Moore and Debbie’s children would inherit and Mr Sykes would get nothing.

Hence Mr Sykes argued the Will was merely lost, not revoked.

As the original Will must be destroyed in order to revoke it, the Judge ruled he couldn’t be certain the original had been in Mrs Moore’s possession and that therefore the certified copy of her Will found with her belongings was legally valid.

Rewriting Your Will

Making a Will and then revoking or changing it at a later date when circumstances change is possible if you do so in one of three ways:

• Write a new Will
• Put in writing your wish to revoke your Will, and have this document signed and witnessed just like you did with your original Will
• Destroy your original Will entirely by ripping it to shreds or burning it – something that must be done by you or done in your presence

How We Can Help You Revoke Or Change Your Will

Our professional family lawyers are here to help with all your Will-related queries, including any changes you want to make to your Will or if you want to revoke your Will.

As all our advice is tailored to your needs, we’ll base our guidance on our understanding of your personal situation and help you find the best way for your Will to express your wishes for loved ones when you die – whether that is revoking your Will and writing a new one or drastically changing your existing Will.

We’ll ensure all changes are made in a legally safe way, and we can store your original Will for you so you always know where it is should you want to revoke or make further changes in the future.  

To speak to one of our specialist solicitors about revoking, changing or making a Will, contact us on 0800 988 3674 or email advice@bartletts.co.uk

All of us at Bartletts Solicitors in Hoole welcome the proposed new divorce law reforms, aimed at reducing hostility between separating spouses by enabling couples to get divorced without the need to blame one another for the breakdown of their marriage.

The so-called no-fault divorce reforms are being considered by Parliament and if they become law then they should make the whole process more straightforward and less stressful for separating partners.

What Are The Proposed New Divorce Law Reforms?

The current divorce law dates back to 1973 (The Matrimonial Causes Act) and generally states the need to assign blame to your spouse in order to divorce. This doesn’t allow for those couples who have simply grown apart and want to divorce quickly, without the need to wait 2 years.

As a guide, the main changes of the proposed reforms include:

• No need to apportion blame, fault or give a reason for the divorce
• No need to wait for a period of separation of a minimum of 2 years
• Do need to wait 6 months from issuing the Petition to finalising the divorce, to give both sides a cooling off period
• Can jointly apply for divorce
• A partner cannot refuse to divorce their spouse
• If one partner disagrees, the couple must live apart for 5 years before applying for divorce

What Has Stayed The Same With The Reforms?

Couples wishing to divorce still need to wait a minimum of a year from their marriage date before starting divorce proceedings; and the process is still made up of Petition, Decree Nisi and Decree Absolute.

How We Can Help With Divorce

Making the decision to divorce is never an easy one, but our specialist family law solicitors are here to help and support you through the process. The new reforms will be introduced as soon as parliamentary time allows – and should reduce hostility between spouses and help maintain parental relations during an already stressful time.

To speak to one of our specialist solicitors about any divorce-related query you have or to find out more about the no-fault divorce reforms, contact us on 0800 988 3674 or Chester 01244 311 633 or email advice@bartletts.co.uk

A school boy who was injured when he fell from his faulty bicycle has been awarded compensation after his parents made a claim with the help of Bartletts Wrexham.

Specialist Personal Injury Solicitor Owain Dodd at Bartletts Wrexham helped the 8-year-old boy’s parents with the compensation claim, after he was injured when riding his new bike for the first time.

The gears on the bike broke during the boy’s first ride on it, making it jolt suddenly and causing the boy’s feet to slip off the pedals and for him to fall from the bike.

He needed to be checked over at A&E for a wrist injury and cut to his chin. He was given Calpol for the pain and shock, and a dressing was applied to his chin. Fortunately, he did not suffer any long-term or ongoing injuries.

The bike had been incorrectly put together by the shop where it was bought from, and the gears hadn’t been fitted properly. Owain Dodd at Bartletts Wrexham enlisted an engineer to show exactly how the accident happened and to prove that the bike was defective when bought and that this was why the gears broke when first used.

To help the boy get back on his bike, Owain Dodd at Bartletts Wrexham was able to secure compensation for his personal injuries and to cover the costs of a replacement bike.

How To Make A Claim For Children’s Accident Compensation

Our professional personal injury solicitors have the experience and personal approach to ensure the claims process is straightforward and as stress free as possible for you and your family. Aware of all related issues, we will provide support and guidance throughout, including obtaining medical and educational assessments to monitor the impact of your child’s injuries – now and ongoing into the future.