From 6th October 2011 the alternative business structure (ABS) will allow law firms to be invested in by bodies outside of the legal profession and will allow for legal services to be offered by organisations outside  of the traditional partnership model.

Big names expected to enter the legal services sector include Tesco, Co-op, Halifax and Virgin who will all have big budget advertising campaigns which traditional high street law firms will just not be able to compete with and many will just be steamrolled over in to extinction.

If law firms start preparing for ABS now and embrace the changes there could be opportunities through mergers or accepting outside investment to grow their businesses but they will need to start preparing now or could well find themselves crushed under the corporate juggernauts.

A gradual shift is taking place in the market place for professional probate services.  So what are the options?

Solicitors, banks and trust corporations

Probate can be a long, expensive and complex process.  Often, Executors and bereaved relatives choose to instruct a professional probate service. 

In most cases, a solicitor is the first choice.  A specialist probate solicitor has considerable experience and expertise.  Costs vary, usually depending on the complexity or value of the Estate or the time spent.  Costs also vary between firms, with some charging considerably more than others. 

If a nearby firm has a good reputation (and perhaps you have dealt with them before), you may find the friendly face and local service to be the best option for you.  If you prefer, probate can be done “at a distance”, for example if you find better value elsewhere.

Most high street banks have a probate department.  Typically, banks charge considerably more than solicitors, often up to 4% of the value of the Estate.  If a Will was stored with a bank, it is often considered the easiest option to allow the bank to deal with the probate, but, as with any service, it is advisable to shop around.

Probate services are also offered by trust corporations in some cases.

New probate services

Recently, a new type of probate service has emerged.  It is “supermarket” probate, with nationwide probate services offered by a variety of “non-traditional” institutions, such as supermarkets, legal firms and companies set up with the sole aim of providing probate.

Often, this service is provided at low cost, sometimes on a fixed fee basis.  Often, it is not.  Some services charge more than solicitors without offering the same level of expertise, and are succeeding (so far) on the basis of a household brand name.  Many services market themselves as an alternative to solicitors, but are not up front about their fees.

Some probate services offer low prices, others do not.

Probate-law.co.uk

Winston Solicitors, the firm of solicitors behind Law Chat, has recently set up a low cost, fixed fee probate service called “Probate-Law.co.uk“. 

We believe it is the best of all worlds, with our solicitors offering years of experience and specialist expertise alongside a clear, up-front pricing structure.

For a non-taxable Estate, the Probate-Law.co.uk fixed fee is £1,495 + VAT, plus disbursements (expenses).

The service is nationwide and is not available to clients local to us (in north Leeds), who will continue to benefit from our face-to-face probate service.

For more information on this low-cost service please visit the website, www.probate-law.co.uk, telephone LO-CALL 0845 009 5640 or contact us direct at Winston Solicitors.  If you have any questions about this service, you can use the comments form on this page.

Some even imply that they are from a firm of solicitors.  This is almost certainly not true as solicitors are prohibited from making cold calls.  If a solicitor is mentioned on their literature, it is possible that they have an informal association with a local firm, or more likely that they have no association whatsoever.

Cold-caller

Word of warning

A great deal of caution should be exercised when dealing with these people.  

It has been known for such cold-callers to create Wills which refer to a trust.  Such a trust will come in to effect on death and will be administered by the company at great expense.  The terms of this trust are not always clear, and will typically be buried in the “small print”, not easily decipherable by a lay person.  A Will with such a trust could tie your family in to an expensive arrangement after your death. 

If you have concerns we suggest you contact Consumer Direct at http://www.consumerdirect.gov.uk/ or telephone 08454 04 05 06.  These non-solicitors are not regulated by the Solicitors Regulation Authority. 

How to make a Will

It is very important to make a Will, which is a powerful document.  To be sure of a professional service from an expert, we strongly suggest contacting local solicitors.  Solicitors are unbiased and will not write anything in a Will which ties you or your family into any future arrangement (unless, unusually, you specifically request it).

For most people it is a quick and painless task, and it will be a huge weight off your mind.

If you have any experiences of cold-callers offering Wills and other legal services, we would be very interested to hear about them.  Please feel free to leave comments, below.

What was it used for?

The name asbestos derives from the Greek for inextinguishable.  Due to its heat resistant and insulating properties it was used to manufacture various products.  These include asbestos cement roofing products, cloth and other insulating material.  It could also be mixed and sprayed or hand applied to pipework, panels and steel girders.

Asbestos

Types of Asbestos

White, otherwise known as Chrysotile, which was the most commonly used type.

Crocidlite, also known as blue asbestos.

Brown, also known as Amosite.

It is also not unusual for samples of materials to contain a combination of all three types.

Exposure

This is caused by inhaling or ingesting the tiny fibres.  A person may have been exposed to the fibres many years before symtoms develop, sometimes up to 40 years previous.  Exposure to even one fibre can cause the development of a serious illness.  Alternatively, a person with heavy asbestos exposure may never develop an aspestos-related illness.

Diseases

A lot of people refer to any asbestos related condition as “asbestosis”.  This is not necessarily the case as there are other asbestos-related conditions.  Some are malignant and life-limiting, whilst others cause few or no symptoms but can increase a person’s vulnerability more malignant forms.  Unfortunately, at present there are no cures for any asbestos-related disease.

• Pleural Plaques

These are scar tissue on the outer lining of the lung.  They are often symptomless and indicate asbestos exposure.  Unfortunately, it is not possible to make a compensation claim for this condition at the moment.

• Pleural Fibrosis/ Thickening

This affects the outer lining of the lung and is more extensive than pleural plaques. The fibrosis restricts lung function and causes breathlessness.  It can reduce life expectancy.

• Asbestosis

This occurs when fibrous tissue in the lungs has been damaged.  It is a progressive disease that causes breathlessness and a cough.  Life expectancy can be reduced as a result and additional strain may be placed on the heart through having this condition.  It acts a marker for the development of lung cancer and mesothelioma.

• Lung Cancer

Establishing a link between lung cancer and asbestos exposure is very difficult.  Medical opinion is divided on the subject, particularly where the victim is or once was a smoker.

• Mesothelioma

A malignant tumour of the lining of the lung. It can also be found in the lining of the abdominal cavity and heart.

Asbestos warning

 

Considerations

In considering a claim a firm medical diagnosis is very important.  Often a person develops shortness of breath or a cough and may not firstly associate this with exposure to asbestos.

A diagnosis would be made after having x-rays or a lung CT scan to determine whether or not there is any scarring or thickening of the lungs.  Lung function tests can also be carried out to see what may be causing a reduction in the function of the lungs.

Other matters to consider are how a person became exposed to the asbestos and the degree of exposure.

Those who develop an asbestos-related condition are not always people who were employed in its manufacture or usage.

For those who were exposed to asbestos dust at work other considerations to be made relate to ventilation in the workplace, the types of protective clothing or masks offered, witnesses such as work colleagues who can verify asbestos exposure and whether the person smoked.

Of course this list is not exhaustive but anybody who develops such a condition should contact a solicitor immediately to find out if they are able to make a claim for compensation.  At Winston Solicitors we deal with a significant number of asbestos claims.

Time Limits

Once a firm diagnosis of an asbestos-related condition has been made then a person has three years from the date of knowledge of the development of an asbestos related condition in which to make a claim for compensation.

If you require legal advice, please contact Winston Solicitors direct.  If you have any comments or experiences regarding asbestos, please feel free to use the comments form below.

If you don’t make a Will, a default set of rules will be used to determine what happens on your death. These are called the “Intestacy Rules”.

The Intestacy Rules

You might think that the Rules are logical, simple and nothing unexpected will happen. Unfortunately, that’s not true!

Different things happen depending on the family you leave behind, which we summarise later on in this article. Usually, the Rules do not give you what you want.

Recent changes

Believe it or not, the Rules are the same as when they were first introduced, way back in 1925.

Occasionally, the amounts of money referred to in the Rules changes, which they did on 1 February 2009. It is the first time the figures had changed since 1993, so already you can see how inflexible the Rules are, and how the Government rarely wants to change them!

The Intestacy Rules were made in the 1920s

The new figures (from 1 February) are “£250,000” and “£400,000”. These figures are fixed; they do not vary according to how wealthy you are. Don’t worry if you don’t know what these figures represent. All will be revealed below!

What the Intestacy Rules say:

Here are the Intestacy Rules, bang up-to-date following the changes in February. And remember, the way they work depends on the family you leave behind.

1. For a married person with children:

• Your spouse gets everything up to £250,000 (one of the figures referred to above), and all your personal possessions.
• If there is anything left over, it is split into two halves:
  • Half goes to your children at 18 or earlier marriage; and
  • Half goes into a “trust”, which means it is protected. While your spouse is still alive, he or she gets any income earned from the trust fund. On your spouse’s death, this half then goes to your children.

If one of your children dies before you their share will go to your grandchildren.

2. For a married person without children:

If there are parents, brothers or sisters of the whole blood, nephew or nieces:

• Your spouse gets everything up to £450,000 (the other figure referred to above) and all your personal possessions;
• Anything left over is split in two, and:
  • Half goes to your spouse
  • Half goes to your parents (and if no parent is living then it goes to your brothers or sisters or their children).

If there are no parents, brothers or sisters of the whole blood, nephew or nieces, your spouse will take everything.

3. For an unmarried person with children:

Everything goes to your children when they reach 18 or marry at an earlier age, and to any grandchildren if a child dies before you.

4. For an unmarried person with no children:

Everything goes to your parents.
If there are no parents, then to siblings of the whole blood or their children.
If none, then to siblings of the half blood or their chidlren.
If none, then to grandparents.
If none, then to uncles and aunts of the whole blood or their children.
If none, then to uncles and aunts of the half blood or their children.

If none of the above, everything goes to the Duchy of Lancaster or the Duke of Cornwall (i.e. the Government).

Intestacy Rules can leave you confused

Yes, it’s all very complicated!

You can see that the Intestacy Rules are complicated. You will also see that, if you are married, it is by no means guaranteed that your husband or wife will receive all your money and belongings. In fact, it could get messy, with a trust being set up that could tie up a large part of your cash for decades.

Is there a solution?

Yes, it is to make a Will! For ordinary Wills, made with a trusted and friendly firm of solicitors, the process is straightforward and painless.

With a well-drafted Will in place, the Intestacy Rules will not apply.

What if it’s too late?

If someone has died and they did not leave a Will, it may still be possible to ask a solicitor to make what’s called a “Deed of Variation”. This may be able to divert the money to where the family wants it to go, rather than leave it to the Rules of Intestacy. But everyone has to agree, and, even if everyone does agree, a Court order may be necessary if there are young children involved. This is time-consuming and expensive.

Don’t take the risk, get a Will!

If you have any comments or experiences on this topic you wish to share, please do so using the comment form below.  For legal advice, please contact Winston Solicitors.

The purpose of a damages award is to restore an injured person to the position that they would have been in had the accident not happened. It should recompense not only for injuries suffered and financial loss incurred but also for the stress and inconvenience of having to make a claim.

In practice, this can be difficult to achieve, which is why expert legal advice is preferable.

Types of damages

In the vast majority of claims, two sorts of damages may be claimed.

The first is known as General Damages. This is compensation for the pain, suffering and loss of amenity suffered by the injured person. They are valued with reference to (a) medical evidence, and (b) case law, where the Courts have awarded sums to similarly-injured people in the past.

The second type of damages is known as Special Damages. This is an award of compensation for financial losses sustained as a result of the accident. The basic idea is that the injured person is able to claim for anything that he or she has had to pay for which they would not normally have had to pay for. A good example of this is going to the doctor after the accident or making trips for physiotherapy treatment. If, but for the accident, the person would never have made the trip, they can claim for any travelling expenses incurred.

Unfortunate car crash

Losses may include:

• Loss of Earnings;
• Medical Expenses;
• Expenses relating to the cost of living with the injuries;
• Specific items of loss;
• Cost of services provided.

In order for the injured person to be able to prove financial loss they should retain receipts and invoices.

Losses specific to road traffic accidents:

There are certain losses that an injured person may wish to claim for which are specific to Road Traffic Accident claims. These include:

• Cost of repairs to the vehicle concerned, whether this is a motorcycle, car or bicycle;
• Policy excess. This applies whether or not the vehicle is classed as an insurance write-off after the accident;
• Hire car charges;
• Fares for public transport;
• Damage to clothing, footwear or glasses;
• Taxi fares;
• Prescription charges;
• Recovery or storage charges relating to the vehicle concerned;
• Items that were in the vehicle that were damaged as a result of the accident;
• Loss of use and inconvenience of not having a vehicle;
• Physiotherapy and Chiropractor treatment.

No Win, No Fee

Road traffic accident claims are brought in a variety of ways. Most are on a “no win, no fee” basis.

If you have any comments or experiences on road traffic accidents, please use the comments form below.  You can also use the comments form to get in touch with Winston Solicitors LLP for legal advice.

The typical perception of whiplash claims is that they are “sure fire winners”, guaranteeing a minimum amount of compensation. This perception, coupled with the increasing criticism of a growing compensation culture in the UK, has lead to many people frowning upon the idea of whiplash claims.

Despite the cynicism (including the belief that numerous claims are fraudulent) whiplash injuries are scientifically recognised. People suffering from whiplash are often in a significant amount of pain and discomfort following their accident.

Sufferers are entitled to recover some form of damages to compensate them for their injuries and other losses.

Whiplash

Claiming for whiplash

One of the perceptions of whiplash claims is that, in the absence of serious injury and with very little effort, an individual can receive a considerable compensation payment. However, in reality, a compensation claim usually lasts a minimum period of 6 months and sometimes claims can even take several years.

And it is not true that every claim has a guaranteed amount of compensation. Each claim is assessed and judged on its merits, taking into consideration the facts of the accident, whether the injured parties were completely innocent or partly at fault, and most importantly the severity of any injuries received.

The value of whiplash claims

How are claims assessed?

General guidelines for compensatory awards are based on the number of months that an individual takes to recover following the accident. For example, if a person recovers from any injuries within a 6 month period (which is the usual case) they can generally expect to receive between £1,250 - £1,500. These awards increase on a scale dependant on the number of months that it takes a person to recover. Usually, if all symptoms have ceased within 18 months from the date of the accident, an individual can expect to receive between £2,750 - £3,250.

However, it must be stressed that there is no “one rule fits all formula”. Compensation is assessed on the basis of a report by a medical expert (with numerous years of related medical experience).

So whiplash claims are not a “sure fire” bet, but for anyone genuinely suffering from whiplash they are wholly justified and should be strongly considered.

If you have any experiences or comments about whiplash, please use the comment form below. For advice, please contact Winston Solicitors LLP direct (or use the comment form).

For example, if an employee quits or is sacked, the covenant may prevent the employee poaching clients or setting up a rival business in the area. By signing the contract at the start of employment, an employee agrees to the covenant.

As a general rule, a restrictive covenant is unenforceable! But it can be valid in certain circumstances. It must:

1. not go against public policy
2. not be unreasonably wide (in terms of scope, location and time), and
3. protect a legitimate business interest (for example, a trade secret).

A covenant cannot be justified on the basis of “mere competition”. And employees cannot be stopped from using their own skills, knowledge and experience even if they were gained whilst working for a particular employer.

Example: a non-compete covenant

This is a type of restrictive covenant which prevents an employee from working for a competing business in the area. It must be reasonable. For example, it must specify the type of work the employee has done for his employer (it would be unreasonable to prevent an employee from doing types of work which he has not done before).

The clause must specify the geographic area. A clause limiting an employee’s ability to work within 100 miles of an employer’s business would, in most circumstances, be too wide. A clause covering the whole of London has been considered inappropriate. But it depends on the circumstances.

Setting up a business? Maybe it shouldn't be too close to your old job.

Example: a non-solicitation or non-dealing covenant

The aim of this restrictive covenant is to stop employees leaving a job and taking work from existing clients. This is generally considered legitimate, but it must only relate to clients the employee has had dealings with. And such a covenant cannot prevent a client taking his business elsewhere if the client wants to do so.

Time

The covenant must contain a time limit, and it must be reasonable. A time limit of 5 years would be considered excessive, but a time limit of 6 to 12 months may be reasonable, depending on the circumstances.

Remedy: injunction

If you are an employee considering breaking a restrictive covenant, be aware that your former employer may be able to get an injunction. This is a court order preventing you from taking action (to break the order would leave you in contempt of court).

An employee can defend a claim for an injunction, but it is far better to negotiate a restrictive covenant before starting work than trying to “undo” it afterwards.

How's the garden?

Garden Leave

This is a clause in a contract which maintains employment during a notice period (while the employee is not at work). It can be used as an alternative to a restrictive covenant as it holds an employee to his or her obligations. Business interests can be protected in this way, as an employee will not be able to work for a competitor. For garden leave to be an option, there must be an express clause in the contract.

If you have any comments or experiences relating to restrictive comments, please use the form below. If you require legal advice, please contact Winston Solicitors LLP (again, you can use the form below).

You do not have to suffer these. Just register with the Telephone Preference Service and Mailing Preference Service.

These are free services which put a stop to unsolicited promotional post and telephone calls. You can even register a previous owner (which I discovered to my delight; I was fed up receiving brochures addressed to my house’s former occupant!). They may not work 100%, but they do a fantastic job.

Post Box

Similar services are the Facsimile Preference Service and The Bereavement Register. The latter stops any mail directed to a deceased person (the Mailing Preference Service offers an identical facility).

Finally, door-to-door “opt-out” services put an end to unaddressed items. Royal Mail delivers about 25% of all unaddressed post; call or e-mail optout@royalmail.com to sign up to their opt-out service. For the other 75%, try the Direct Marketing Association.

These services come into their own as ways of protecting the elderly from what may be confusing or even disturbing mail and calls.

Getting in touch:

Here are the relevant websites:

• Telephone Preference Service: http://www.tpsonline.org.uk/tps/
• Mail Preference Service: http://www.mpsonline.org.uk/mpsr/
• Facsimile Preference Service: http://www.fpsonline.org.uk/fps/
• The Bereavement Register: www.the-bereavement-register.org.uk
• Royal Mail Opt-Out: http://www.royalmail.com/portal/rm/content1?catId=400126&mediaId=500081
• Direct Marketing Association: http://www.mydm.co.uk/

Or you can telephone the MPS on 0845 703 4599, the TPS on 0845 070 0707, the FPS on 0845 070 0702 and the DMA on 020 7291 3300. Whether by telephone or Internet, registration is quick and easy.

Sadly, I must inform you there is no such quick fix for so-called spam e-mails!

If you have any comments or experiences on this topic, feel free to leave comments below.

What is a Grant of Probate?

A Grant of Probate is a certificate issued by a Probate Registry in England and Wales. It is an important official document. It proves that the Personal Representatives (for example, Executors) of a dead person have the authority to deal with that person’s Estate.

Note: if there is no Will the grant will be called a “Grant of Letters of Administration”, rather than a Grant of Probate. Collectively, these grants are called “Grants of Representation”. In this article we use “Grant” as a catch-all term. We also use the term “Executors” to refer to all Personal Representatives.

When is a Grant required?

It is the Executors’ job to administer the deceased’s Estate, which means cashing in bank accounts, selling assets, transferring shares, distributing money and so on.

Collecting assets

Sometimes Executors can administer simple Estates without a Grant. Very often, however, a Grant will be required by the banks, building societies, purchasers of property, insurance companies, stock brokers etc. In these cases, the Executors must apply for a Grant.

Summary of when a Grant is required:

Even if a Grant is required, Executors will often be able to deal with some assets before an application is made. For example, the deceased’s car can be sold, furniture from the house can often be distributed or sold, funeral expenses can be paid, and some banks may be happy to close small accounts with just an application form and death certificate.

Joint bank accounts and joint property

If spouses or civil partners own a house jointly or keep joint bank accounts, these will often be held by them as “joint tenants”. If so, no Grant will be required for these assets, and instead they will pass automatically to the survivor (though the bank and Land Registry, etc, will still need to see a death certificate).

A Grant is needed for property, unless owned as "joint tenants"

Is a Grant needed even if there is a Will?

Even in the case of a simple Will leaving everything to a surviving spouse, a Grant may be required.

Does it matter if a Grant of Probate is required?

If a Grant is required, it will be necessary to obtain all the information about the Estate, and this takes time. Also, there is a small cost (£40 plus £1 per copy if you are using a solicitor) plus legal fees, and the Executors will have to swear an oath (which costs a few pounds). But applications for Grants are very common and should not be a cause for concern.

Should I split my bank accounts while I’m alive so I have less than £15,000 in each bank?

In short, no! A Grant may still be required, so do what is best for you and your finances during your lifetime, and don’t worry about whether your Executors will have to apply for a Grant of Probate after you die. If you do have concerns about leaving funds with quick access, consider opening an account with a different bank up to (say) £5,000. Your Executors may be able to access this without a Grant.

Everyone’s situation is different so please do not rely on this article for legal advice. If you want to discuss matters with a solicitor, please contact Winston Solicitors.
If you would just like to comment or share experiences, please use the comment form below.