How to Try and Ensure That Your Will Won’t Be Contested

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In the recent past, more and more people have taken will-related disputes to court, and the number is expected to rise. The increase in property value is one of the leading reasons why your family may contest your will and fight over the inheritance. You can, however, help to try and ensure that your will is never disputed by following the tips below.

1. Make Your Intentions Known Early

The reasons for the way you want your property divided in your will are numerous and are always known best by you. It could be that you trust one family member more than another or that you want to help a particular family member because he/she is financially unstable. Whatever your reasons are, you need to declare your intentions publicly and early to avoid any disputes that may arise. Members of your family will come to accept your decision over time once you make it known soon enough. The time of your passing will be full of a lot of emotions that can lead to several disputes concerning your will especially if some members feel like they were left out or that they received less than fair inheritance.

2. Make Your Will as Early as Possible

Do not wait for old age to begin making your will as it can be contested on grounds that you were not mentally stable. Ensure you create your will early enough when it is clear that you are of sound mind and that you can make informed decisions without the influence of others. When you make your will early enough, it is almost impossible to contest it since it is quite clear that you understood the consequences of your decision. Most people don’t want to make their will early because they are uncertain whether they might want to change it. This is, however, not an issue since you could always update your will at any time should you feel like. It is advisable that you make your will as early as possible and simply update it over time.

3. Include a No Contest Clause

You can include a no-contest clause in your will which states that anyone who challenges it will receive nothing. A no-contest clause is very efficient especially if someone was planning to go to court because they feel that they received less than the fair amount of inheritance. The possibility of losing everything will ensure that there are no will disputes. It is, however, paramount that you seek advice from professionals, for example The Inheritance Experts who offer free consults, when you want to include the no-contest clause since it is not enforceable in some regions and it may have certain exceptions that can render it useless. Inheritance disputes are always bound to spring up, and a no-contest clause can come in handy.

4. Review Your Will Periodically

Once you have made your will, it is essential that you don’t just throw it in your drawer without ever going through it again. When you consistently sit down with your lawyer and make a few tweaks or changes, then your family members will appreciate your efforts and are less likely to contest it. You could also make changes according to your financial situations and ever-changing family. Family members will also find it difficult to challenge a will that you have reviewed several times since it can be assumed that you put a lot of thought and time into every decision.

5. Transfer Assets While You Are Alive

One strategy that can ensure that your will is not contested is merely transferring your assets before you pass away. When you give away the inheritance early enough, there will be no assets left for anyone to claim and therefore there will be no dispute at all. This is, however, a risky strategy because you risk being left with no support. Whoever you give the inheritance to may just turn on you and take off to do what they please with the assets. Ensure you take a lot of factors into consideration before you decide on giving away your assets before your death because there could be severe consequences.

6. Ensure Your Will Is Detailed

One of the simplest ways to ensure that your will is not contested is including lots and lots of details. It is crucial that you stipulate why you want your assets divided in that particular order and your reasons for not giving everyone an equal share. State your reasons for each decision that you made and ensure that you are subtle about it. Do not use spiteful language because it just might be grounds to revoke your will as biased. Once you state your reasons positively and factually, it will be difficult to dispute your will.

7. Include a Capacity Report

We already discussed how a will can be disputed on the argument that you were not in the right state of mind especially if you are aged above seventy or if you had any history of mental illness. It is of added advantage if you could include a capacity report in your will to dispute any arguments of mental disability when writing your will. A capacity report is a document which states that you are able to write a will since you are of fit mind. You may feel that a capacity report is unnecessary at the moment, but it can help prove you were of a healthy mental state when writing the will and therefore make it indisputable.

8. Do Not Make Any Promises

It is crucial that you don’t promise any of your assets to anyone while you are still alive. A promise is binding especially if the person suffered any sort of detriment, including financial, in the hopes that they would get the promised inheritance. This case is especially prevalent in farming families where, for example, children might work on the farm with no pay but just the expectation that they will inherit the estate in future. If you fail to include any of the children in the will, then they could contest your will because they suffered detriment and are therefore entitled to the inheritance.

January 31, 2018 · Tim Kevan · Comments Closed
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Monday morning with Alex Williams’ cartoons

qccartoon
This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email info@qccartoon.com.

January 29, 2018 · Tim Kevan · Comments Closed
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What to Do if Your Medical Negligence Claim Goes to Court

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While most medical negligence claims are settled before it goes to court, a fair percentage of them do end up going to court. This does not mean you are necessarily going to lose your case, nor should you panic. Here are a few tips on what to do if your medical negligence claim is litigated. We’ll also explain why these actions are necessary on your part.

Talk to Your Attorney

The first thing to do when you find out that your medical negligence case is going to court is not to panic. The second case is to contact your solicitor. The case may still be settled. In fact, many defendants pass a case to their solicitor to negotiate a settlement after court proceedings have started. If you’ve been trying to handle a medical negligence on your own or are unhappy with your lawyer, you should contact the patient claim line as soon as you ca.

Expect a Defence

Pre-action protocols before trial involve the defendant denying part or all of the medical negligence claim. It may involve a settlement offer, though they may not admit negligence. The case goes to court if you’re demanding settlement and don’t receive an offer, or if their offer is not sufficient. However, when you go to court, they have the right to file a defence of their claim. They can challenge any or all details of the case. Depending on the value of the claim and the complexity of the case, the case may be assigned to a County Court or High Court.

Be Prepared to Hand Over Documents

When the case goes to court, all parties will have to disclose any documents related to the case. If you’ve been claiming lost wages or costs for ongoing care, you’ll be obligated to hand over these financial records. Medical reports may need to be updated, and in some cases, this requires another round of medical tests. Statements must be disclosed to set out evidence that witnesses will give in the court hearing, though you may not actually be called to testify. The court can ask for any other actions necessary so that both sides have a fair hearing.

Be Patient

If a case goes to court, the time from when you call the patient claim line to the time the case is resolved is one and a half to two years. More complex cases involving several liable parties or difficult to prove injuries take more time. Even after going to trial, it will take weeks, possibly months, before a judgment is delivered. However, in most cases, it will take between 12 and 18 months from the time the action was started for the case to go to court.

Understand That There May Still Be a Settlement

When you call a patient claim line, you’re detailing the harm you’ve suffered, and you may be told a ballpark estimate as to the type of settlement you should receive. Going to court raises the spectre of losing the case.

However, the courts want to minimise the time they must devote to any case, so they try to have the two sides come together to work out as much common ground as possible. This reduces how much has to actually be addressed in the trial itself.

And there is a possibility that a settlement is worked out in this phase, though the court may still determine the amount of the settlement if the opponent simply admits a degree of liability. But the judge is always going to try to recommend mediation over a court hearing.

What Can I Expect at the Court Hearing?

First of all, a senior solicitor or barrister will start by presenting your case to the judge. Your solicitor will be present as well during the whole procedure. You and any witness you may have will proceed to be questioned by both your representative and the other party’s. Please note that the judge will have no idea about any settlement discussions you may have had with the other party.

Once all evidence is presented before the judge, he will assess them and give his verdict. If liability for the said incident happens to be disputed, the judge will address which party was responsible. If it’s the compensation amount that is in dispute, the judge will determine how much the other party should pay.

If your medical negligence case is going to court, then you should talk to an attorney. If you’ve been trying to fight the case on your own, you must have a solicitor at this point. Recognize that the other side has a right to request information and even additional tests as part of their legal defence. And understand that going to court doesn’t mean it won’t be settled prior to a trial or that the trial will be limited to merely deciding how much the other side has to pay.

January 23, 2018 · Tim Kevan · Comments Closed
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Monday morning with Alex Williams’ cartoons

qccartoon
This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email info@qccartoon.com.

January 15, 2018 · Tim Kevan · Comments Closed
Posted in: Uncategorized

Monday morning with Alex Williams’ cartoons

qccartoon
This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email info@qccartoon.com.

January 8, 2018 · Tim Kevan · Comments Closed
Posted in: Uncategorized

Employment Law: Why Hiring a Solicitor Can Often Help

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If you, as an employee or employer are facing legal problems, then trying to solve them on your own may potentially be one of the worst mistakes you can commit…

Hiring a solicitor can often help, and therefore, this piece of content will show you why. We like giving solid reasons, and you will find them here.

Employment Law Is Always Changing:

This practice is one of the most active, and therefore, many changes take place during the year. Staying up to date with them is very hard if you are not a professional, and that is why employment solicitors and lawyers exist, because they are dedicated to tracking these updates.

It is a big mistake to try to find answers in the internet, or even worse, through friends. If you want a professional solution, then evidently, you need to work with a professional on the field.

Moreover, employment law is very complex to understand and apply. This is another reason to rely on a solicitor if you want to handle things the right way, because this degree of difficulty along with constant updates, making it extremely hard to manage on your own.

Higher Success Rate:

You can use an employment solicitor’s services in several cases, and here you have some examples:

·       If you have been discriminated by your employer

·       If the employer has harassed you

·       If you have been illegally fired from your job

·       If you have been forced to sign an agreement that wipes away your rights

If any of these is the case you are dealing with, then you need to get in contact with a solicitor as soon as possible.

However, take into account that unlike injury or medical malpractice cases, here you will have to pay upfront in most cases. This is an excuse many use to handle the case on their own, but if you want to win, then you need professional help.

Nonetheless, there is something you must remind if you want your solicitor to do an excellent job: always be honest. You need to disclose everything, because otherwise, you may lose your case.

Paperwork Can Be Exhausting:

Another reason to work with a solicitor is because of the paperwork. It can be very tiring and complex, just like employment law, and it is better to have a professional handling it than yourself, because it is a stressful task if you do not know what you are doing.

Now you know the reasons to hire it, but now let us check the things you need to take into account when meeting your solicitor for the first time, so you can get things going the right way from the get go.

How to Prepare Yourself?

There are many things, but we can summarize them in the following list:

·       All the documents necessary along copies of them

·       Remember that in the majority of cases you will have to pay upfront

·       Bring a chronology of facts

·       Go alone and do not bring distractions

This is pretty much all you need to meet your solicitor and get things going right from the beginning.

Conclusion:

Now you know why hiring an employment solicitor can often help. It might be that you you may not be able to handle this case on your own and expect good results where instead a professional could help.

Employment law is complex and always changing, therefore, you might want to consider avoiding exposing yourself to the risk of committing mistakes that may cost you the case. With this in mind you might want to consider working with a solicitor to avoid any such issues.

If you have any question, let us know!

December 23, 2017 · Tim Kevan · Comments Closed
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What it Takes to Win a Medical Negligence Case

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Medical negligence, often referred to as clinical negligence, is an all-too-common issue among patients in the UK. When the medical treatment or care provided at the time of an illness or injury isn’t up to par, patients have the ability to bring a claim against the hospital, provider, or specialist in an effort to receive compensation for damages incurred. But getting through the process of a medical negligence case successfully is no simple task. It requires a thorough understanding of what medical negligence truly is, and the level of care owed to individuals no matter where they seek treatment throughout the healthcare system.

What is Medical Negligence?

Put simply, medical or clinical negligence occurs when a breach of the legal duty of care results in damage caused to the individual seeking care. In the medical world, this takes place when there is a viable complaint against a doctor or another healthcare professional or the institution that employs that treatment provider. To have a case for medical negligence, there needs to be proof that the healthcare professional truly owed a duty of care to the patient, and that a breach of that duty took place in the course of providing care. Additionally, some degree of harm must be experienced by the patient bringing the claim, with resulting damages or losses directly linked to that harm.

The most prominent aspect of a medical negligence claim is the duty of care definition. A member of a medical team, an individual provider, or a healthcare facility is responsible for treating a patient in a way that is meant to provide a solution for their ailments, without causing harm to the patient. There are standards in place to help define what it means to be a reasonably competent medical care provider in a specific field of practice, making it a bit easier to recognise when the duty of care owed to a patient was breached. The unfortunate truth is that proving a breach of care took place during an individual’s experience with a healthcare provider or institution is a very real challenge.

Proving Breach of Care

A test exists to determine if a breach of care took place as part of a medical negligence claim. Known as the Bolam test, an evaluation of the care provided to a patient is compared against the standard agreed upon by a reasonable body of practitioners also skilled in that particular field. In some cases, it is also required that the medical opinion of that body is both logical and reasonable, meaning it is not enough to have a supporting body nod toward the medical professional to deny a medical negligence claim. This breach of care definition extends not only to treatment but diagnosis and medical advice as well.

Proving breach of duty may seem daunting at first, but it should not be overthought. Failing to receive the care that a reasonable medical professional in a typical setting would provide is considered a breach, and therefore a medical negligence case has merit. A group of legal experts in clinical negligence explains that a case must include a breach of care along with avoidable harm experienced by the patient. The latter part can be thought of as causation, with the individual being able to connect lacklustre care with a resulting injury or illness. When these components are in play, a claim for compensation can be sought in an effort to offset the costs incurred due to the poor level of care received.

Receiving a win for a medical or clinical negligence case takes time and a great deal of understanding regarding the standard of care a medical professional must meet. Patients have the ability to seek a claim for compensation when these standards are not met, whether that is in the process of receiving a diagnosis for a disease or injury, a suggestion for a course of treatment, or advice regarding the health issue at hand. The ability to bring a medical negligence claim against a provider or institution is the right of every patient, just as the expectation to receive the highest quality of care is.

December 22, 2017 · Tim Kevan · Comments Closed
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Monday morning with Alex Williams’ cartoons

qccartoon
This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email info@qccartoon.com.

December 18, 2017 · Tim Kevan · Comments Closed
Posted in: Uncategorized

Monday morning with Alex Williams’ cartoons

qccartoon
This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email info@qccartoon.com.

December 11, 2017 · Tim Kevan · Comments Closed
Posted in: Uncategorized

What Clients Look For When Hiring Lawyers.

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Legal challenges and disputes usually carry huge consequences and individuals faced with the same always look for great lawyers to help them with their cases. A good lawyer knows his or her way around the courtroom and they can use their expertise to help you out of your legal challenge. If you are looking for compensation for injuries suffered at work, they will help you get the best deal from the negotiations. They will defend you in your defamation case and help you get the justice that you deserve. When it comes to finding the best lawyers to defend clients, the norm has been to find the big name lawyers from the big name law firms. This, however, is changing with individuals looking for lawyers who understand them and their cases. This piece highlights some of the things client look for when hiring their lawyers.

  1.      Experience.

This is one of the most important things that clients desire in the lawyers they are going to work with especially if the case is sensitive such as a personal injury claim. An experienced lawyer has handled a lot of cases of that nature and as such, they have what it takes to influence court proceeding in your favor. To check whether a lawyer is experienced enough to handle their cases, most clients ask to see past results of the cases in that particular field of law. The lawyers must also boast a good win percentage for them to be considered for the position with some clients walking away when they finding the lawyer’s success rate is wanting.

  1.      Presentation.

Clients also look at how a lawyer presents himself or herself when seeking legal representation. Appearances speak volumes about a person and one can tell whether a person is organized or not simply from how they look. A neat and organized lawyer comes off as serious and professional and clients feel safe when such a lawyer is representing them. Neat and organized lawyers will not misplace court documents and other evidentiary materials that are needed for the case. Lawyers should, therefore, present themselves properly if they want to win clients. This means dressing smartly and sharply and organizing their offices and websites properly.

  1.      Availability.

Clients also want lawyers who are available. This means that they should be able to meet the clients to discuss the case and if they are busy with other things, they should find the time later on to meet the clients. They should also be reachable by phone and email to respond to the client’s concerns. Clients like to feel treasured and if they notice that their lawyers don’t have time for them, they would rather get another lawyer for their case.

  1.      Convenience.

Clients also want lawyers that they can access easily and that is why most go for lawyers in their hometowns. This makes it easy to organizing meetings to discuss that case and any other legal issues. It also ensures that there are no delays and the case proceeds smoothly.

December 8, 2017 · Tim Kevan · Comments Closed
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