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Comment on What happens if you don’t make a Will? by Law Chat

Law Chat — Mon, 11 Jan 2010 16:44:31 +0000

Hi Paula,

The Duchy of Lancaster is a royal duchy (effectively a fund) - it’s not a place. You might be outside the list of beneficiaries under the Intestacy rules (see above) but we suggest getting confirmation from a local solicitor.

Comment on What happens if you don’t make a Will? by Paula

Paula — Thu, 07 Jan 2010 07:20:47 +0000

I am a 2nd cousin my relation died intestate in the Duchy of Lancaster, there are no other living relatives, think I maybe 1st cousin once removed as my mother (who was cousin to the deceased) has also died). Does the deceased estate pass to the Duchy of Lancaster or would I be beneficiary?

Comment on Holidays From Work: How Much Time? How Much Cash? by Keith Flook

Keith Flook — Wed, 17 Jun 2009 07:49:15 +0000

Thank, had a word with ACAS, who advised us to start an ET claim.
Advised us, that as she had not received anything in writing or verbally, her holiday year started on 16th June, so her ex employer actually owed her over 3 weeks holiday pay.
It looks like her ex employer took advice following receiving the claim from ET and is going to pay the claim in full, should get the cheque by next week.

Comment on What happens if you don’t make a Will? by Law Chat

Law Chat — Thu, 21 May 2009 10:40:46 +0000

Graham,

If the nearest relatives are two first cousins and there are no other relatives in that category (i.e. no other first cousins) then they will inherit equally, notwithstanding that one of them is adopted (assuming he/she was legally adopted).

Comment on What happens if you don’t make a Will? by Graham Haddon

Graham Haddon — Wed, 20 May 2009 13:04:48 +0000

Nearest and only relatives are 2 first cousins, children of whole blood aunts and uncles(now deceased). One cousin is adopted. Do they both inherit equally under Intestacy Rules.

Comment on Suggest a topic! by Mike

Mike — Sat, 16 May 2009 21:57:43 +0000

Law Chat

I really raised the issue in the abstract with a view to informing myself and others generally rather than asking for personal advice.

Your reply for which I thank you raised a wry smile.

After nearly four years I have still not managed to get a Statement of Particulars and have now been sacked with six months’ notice for reaching 65.

It’s a lesson in how employment law is needed.

Comment on Holidays From Work: How Much Time? How Much Cash? by Law Chat

Law Chat — Thu, 07 May 2009 11:34:28 +0000

Keith,

Thanks for your message. Although your wife has technically been unfairly dismissed, she’s not had a year’s employment which is the statutory minimum for bringing a claim in the Tribunal (unless discrimination has occurred, such as pregnancy related dismissal). We would suggest following the route of the county court for a contractual claim based on the amounts owed, notice and holiday pay, if you and your wife feel strongly enough to do so. I’m afraid we can’t give more specific advice online, but if you would like to get in touch please do so (contact details at the foot of this page).

Comment on Holidays From Work: How Much Time? How Much Cash? by Keith Flook

Keith Flook — Wed, 06 May 2009 13:52:40 +0000

My wife was dismissed from her job last week, verbally and told not to come in again.
She had been working there since 16th June 2008, so would find it diffucult to take anything to ET.
In that time she had received nothing at all in writing regarding Contract or Terms.
She asked a co-owner for a weeks holiday last September and was given it but the other co-owner that handles the staffing refused to pay holiday pay.
My wife had to request, quite strongly, to receiver her correct pay for a week worked before a weeks holiday in March.
Since the September whenever my wife has queried something she had been told “If you don’t like it then leave”
She was given a verbal warning for failing to clean the Hotel rooms properly but found recently that they allowed other members of staff to use the rooms to get changed in after the rooms had been cleaned.
I drew up a letter for my wife to send to the owners asking for final settlement of all amounts owned to her including that weeks holiday and payment in lieu of notice, etc.
The owners refuse pay for that weeks holiday in September they withheld and have told my wife if she tries to make thing public they will see a Solicitor and have us done for harassment.
Is there anything we can now do or make a claim to the County Court under the small claims procedure?

Comment on What is a Grant of Probate and when is it needed? by Law Chat

Law Chat — Thu, 09 Apr 2009 09:41:13 +0000

Sarah, that’s quite a complicated question; I’m afraid we can’t give a sufficient answer in these comment boxes. If you’d like to instruct Winston Solicitors please use the contact information at the very bottom of this page (and ask for Tom Hiskey).

Comment on Why make a Will, and how to make a difference by Law Chat

Law Chat — Thu, 09 Apr 2009 09:31:57 +0000

You can now read about what happens if you DON’T make a Will by reading this Law Chat article: http://www.lawchat.co.uk/2009/04/what-happens-if-you-dont-make-a-will/