FAQs

Question 1

How can I contact Tees?

Accepted Answer

You can phone us on 0800 013 1165 or email hello@teeslaw.com. If you need to speak with a particular person, you'll find their contact details on the 'Our People' section.

Question 2

Where can I find more information about Wortley Byers merging with Tees?

Accepted Answer

From the 1st January 2019, Wortley Byers merged with Tees – you can read more about the merger in our news post. If you have any questions about the merger, please contact us.

Question 3

Where is your office?

Accepted Answer

Tees has six offices - Bishop's Stortford, Brentwood, Cambridge, Chelmsford, Royston and Saffron Walden. We're happy to see you at the office of your choice, and our solicitors or financial advisers can travel to an office that suits you. You can find directions on our website here.

Question 4

Is there parking at your office?

Accepted Answer

Yes - four of our offices have parking onsite for your convience and the other two have it very nearby.

Offices with parking onsite are: Bishop's Stortford, Brentwood, Cambridge and Chelmsford.

Saffron Walden and Royston office have public car parks a short walk away.

Question 5

Is there a benefits package whilst working at Tees?

Accepted Answer

At Tees, we value our people. Our business is built on people, and the great relationships we enjoy with our clients are a reflection of the relationship we’ve built with our employees.

People stay with Tees because it’s a place where their career can grow. We believe that rewarding staff for their contributions, both great and small, and investing in their future is vital to the growth of the firm.

We offer all the normal benefits of working at a modern law firm – a stakeholder pension scheme, non-contributory death in service benefit and permanent health insurance are standard.

At Tees, we see the big value in little things. That’s why everyone here gets their birthday off – to relax with family and friends, or go on that birthday adventure. We understand how important the details are – and how much small changes can make a big difference to you. That’s what sets Tees apart as a place to work.

Tees is an open, friendly place to work. We have beautiful offices, and each is full of supportive people who will value your contributions.

Our benefits package is designed to make your life easier. Life can be challenging, so we believe in providing practical help along the way. So, we offer childcare vouchers, reduced costs for a range of legal services and things like a contribution to the cost of your glasses.

Benefits of working at Tees include…

Stakeholder pension scheme (up to 3% matched contribution)
Perkbox membership – access to gyms, big brand discounts, free phone insurance and more!
Permanent Health Insurance scheme
25 days’ annual leave
Birthday leave.

There are also opportunities to get involved in social and community activities.

Question 6

Does Tees provide training contracts?

Accepted Answer

Are you a law student? Our popular graduate scheme offers a road into a major regional law firm.

We are a major regional law firm, and we’re growing fast. We offer a wide variety of opportunities in a range of departments. So whether it’s wills or leases, farmland development or divorces – we'll have something that piques your interest.

You will absolutely be allowed and encouraged to contribute effectively day-to-day – and of course you will be surrounded by experienced lawyers, helping you at every step. We carefully assess the level of responsibility we give you and when you’re ready, you can deliver client-facing work too.

Tees 2022 training contract deadline

The deadline for 2022 Training Contract apllications is 20 July 2020. The 2022 Trainee Assessment Centre is currently due to take place in August 2020. Due to the evolving circumstances of the COVID-19 outbreak, this will be reviewed on a monthly basis. PLease check our website for any updates.

Applying for a Training Contract at Tees

Vacation schemes are a great way of deciding to which firms you would like to apply for a training contract, and Tees’ vacation scheme is no exception. During your placement, you’ll have the chance to chat with our current trainees about life as a trainee solicitor here.

Our training contract consists of four seats of six months in different departments at one of our five offices. Trainees work in supportive teams and are supervised by either a Partner or Senior Associate. We actively encourage our trainees to get involved in marketing, networking, training and social events hosted by the firm. The environment is an enthusiastic and friendly one and trainees have regular meetings with their supervisors.

At Tees, we support our trainees and their progression through the firm. Some of our previous trainees include:

Chris Claxton-Shirley – Wills Tax Trusts and Probate Solicitor at Tees

Sally Powell – Family Partner at Tees

David Miller – Commercial Property Partner at Tees

We’re award-winning

in 2019 we won the 2019 Law Careers.net ‘Best Trainer – Regional Law Firm’ award. We have a good track record - we've won The LawCareers.Net Recruitment and Training award for ‘Best trainer - Medium regional firm’ in 2016 (and in 2010) and in 2012 we won Best Work Placement scheme – Regional firm.

We only recruit academically strong, personable and ambitious people to train with Tees. Our trainees are a big part of the firm’s future, as they progress through their training, into qualification and beyond. In fact, 8 of our current partners, started their careers as trainees at Tees!

When to apply

The application process for training contracts starting in September 2020 and 2021 is now closed.

The closing date for training contracts starting in September 2022 is July 2020 (date TBC).

The Assessment Centre will be held in August 2020 (date TBC).

We get a very high volume of applications, so please do apply well in advance of your intended start date.

What we’re looking for

At least 320 UCAS points (ABB) or equivalent
At least a 2:1 in your degree
A keen and genuine interest in Tees
A personable and ambitious nature
A well-rounded individual with interests both related and unrelated to the law
Commercial awareness
A sense of humour!

If that sounds like you then we would like to hear from you.

Please send your CV with a covering letter clearly marked – Application for Tees 2022 Training Contract - to Jane Winfield by email to gradrec@teeslaw.com or by post to our Bishop's Stortford office.

Question 7

Does Tees provide a vacation scheme?

Accepted Answer

Tees’ award-winning vacation scheme provides a first-hand look into what it’s like to work at a top UK 200 law firm. This page sets out our selection criteria, application deadlines and what to expect during your placement.

Tees 2020 Vacation scheme

Due to the COVID-19 lockdown, this summer Tees delivered a virtual vacation scheme, in which students participated online.

What is the Vacation Scheme?

Every year, we welcome talented students and graduates for a week’s placement on our vacation scheme. It’s your chance to get to know us and about working in a modern law firm.

It’s also our chance to get to know you and we regularly invite vacation scheme candidates to join our training contract assessment process.

How the Vacation Scheme works

The vacation scheme runs for one week during the first two weeks of July, and is open to:

Second and third year undergraduates
Graduates
Students/graduates of the LPC or GDL

During your placement, you’ll get to work on real cases and will work in two or three different departments. You’ll get to see the range of the firm’s work and talk to experienced solicitors about what it’s like to work in their field.

We are looking for candidates with:

At least 320 UCAS points (ABB at A Level or equivalent)
A keen and genuine interest in applying to Tees for a training contract
A personable and ambitious nature
Interests both related and unrelated to the law
Commercial awareness
A sense of humour!

During the week, you will be invited for lunch with some of our current trainees. We will reimburse any travel expenses up to £50.

Vacation Scheme Application Deadlines

The deadline for each summer is the preceding 31 March and interviews are normally conducted in April.

The deadline for our 2021 summer vacation scheme is 31 March 2021. Applications by covering letter addressed to Helen Midgley with CV should be sent to:gradrec@teeslaw.com

Question 8

What happens to my money if I die without a will?

Accepted Answer

If you die without a will, your money will be distributed under the rules of intestacy. Under intestacy rules, your next of kin can inherit your money and assets according to a strict order of priority.

If you have a spouse or civil partner and children, then your spouse/ civil partner would receive the first £250,000 of your estate and personal chattels. Anything above this amount would be split as to half for the surviving spouse/ civil partner and half equally between your children. If any of your children have predeceased you, then their share may pass to any surviving children of theirs.

If you should pass away without any surviving spouse/civil partner, children or grandchildren then your estate shall pass in accordance with the following order of priority:

Parents
Brothers and sisters (or their children)
Half-brothers and sisters (or their children)
Grandparents
Uncles and aunts (or their children)
Half-uncles and aunts (or their children)

If you have no surviving relatives as described above, then your estate would pass to the Crown. Having a properly written will in place means your wishes are known and can be carried out after your death.

Question 9

What does ‘dying intestate’ mean?

Accepted Answer

Dying intestate means dying without a valid will. If you don’t make a will before you die (or your will is invalid), then the rules of intestacy decide who should inherit from your estate. The reasons a will can be deemed invalid include:

marriage
legal errors
concerns as to testamentary capacity or duress
issues with execution.

Question 10

What are the benefits of having a will?

Accepted Answer

The benefits of having a properly written will include:

You choose who inherits from your estate
You can choose someone to trust to administer your estate
Your family know what your wishes are
Gives the opportunity for estate and inheritance tax planning and management
Makes appropriate provisions for minors or dependents
Assists your estate in the event that the will is contested.

Question 11

What are letters of administration?

Accepted Answer

These are formal documents that are provided to the deceased person’s next of kin, in order for them to have the authority to wind up the deceased’s affairs, such as closing bank accounts.

Letters of Administration function like a grant of probate, but the key difference is they are used when a person didn’t make will, and therefore has not named someone to be the executor. This situation can be problematic as it is not always obvious who should take on this role, and indeed family members often disagree on this point; it can be a cause of conflict and stress. Often the Court becomes involved and this causes delays, additional expense – and more stress. All these are very good reasons why everyone should make a will!

Question 12

What is a grant of representation?

Accepted Answer

This is a generic term covering official documentation that proves that you have the right to manage the estate of the deceased. If there is a named executor, they usually submit an application for grant of probate. If there is a valid Will but the named executors are unable or unwilling to act, then letters of administration with Will annexed will need to be obtained. If there was no will, then letters of administration will need to be obtained. Letters of administration with Will annexed and letters of administration serve similar function to that of the grant of probate. Grant of representation is the phrase that covers all three phrases.

The document itself, and sometimes the process of getting it from the Court and using it to administer the estate, can often be referred to as probate.

Question 13

What is probate?

Accepted Answer

When someone dies, probate is the process of managing and passing on their property, money and other assets to others, once any debts, taxes and other costs have been paid. If the deceased person made a will, they will have named someone to carry out these tasks. That person is known as the Will's executor.

Question 14

Is my will valid in another country?

Accepted Answer

If you have assets in another country, it is always advisable to take specialist legal advice about your will. If you make a will in England or Wales, it may be able to cover your foreign assets – but specialist legal advice will provide certainty.

Question 15

What is the ‘national will register’?

Accepted Answer

The National Will Register is an official register of wills in the UK. It is approved by the Law Society and used by many solicitor firms. If your will is registered, solicitors can easily find it after your death.

Question 16

Do I need to register my will?

Accepted Answer

No – it’s not compulsory to register your will on the National Will Register. However, if you register your will it can make it easier for your family to know what your wishes are after your death.

Question 17

What are the requirements for a valid will?

Accepted Answer

In order to be valid, a will should be:

Made by a person over the age of 18
Made in writing; the will can be handwritten or typed
Made by a person with mental capacity, who understands what they are doing
Made voluntarily and without pressure
Signed by the person making the will, with two witnesses present
Signed by two witnesses, in the presence of the person making the will, after they have signed the will themselves.

Question 18

What does a will solicitor do?

Accepted Answer

A solicitor can help you write a will that is legally valid and which makes your wishes clear when you die. Your solicitor can help you to:

Create a tax efficient will
Make sure your family and or dependents are provided for
Use trusts to protect your wealth
Minimise your inheritance tax bill.

Question 19

Can I write my own Will?

Accepted Answer

Yes, it is possible to write your own will (sometimes called a ‘DIY will’) however it is not advisable that you do so. Wills are complex legal documents, and in order for a will to be considered valid after you die, it must comply with strict rules.

Question 20

How do I contest a will?

Accepted Answer

Common reasons to challenge or contest a will include:

The will isn’t legally correct
lack of testamentary capacity (of the person who made the will)
lack of financial provision for dependants
undue influence
forgery or fraud.

Question 21

Can I make a claim against an estate?

Accepted Answer

People who may be able to claim against an estate under the Inheritance Act 1975 include:

wife, husband or civil partner of the deceased
former wife, husband or civil partner of the deceased
unmarried cohabiting partner of the deceased
biological children or grandchildren of the deceased
anyone who was financially dependent on the deceased.

Question 22

Can you override a Lasting Power of Attorney?

Accepted Answer

You might have grounds to object to the registration of a Lasting Power of Attorney (LPA) if:

you can prove the LPA isn’t legally valid
the person who made the LPA (the ‘donor’) didn’t have mental capacity
there was forgery or fraud in creation of the LPA
the attorney is bankrupt
the attorney isn’t acting in the donor’s best interests.

Question 23

How do I challenge lifetime giving?

Accepted Answer

You may be able to challenge a lifetime gift that someone made before they died by proving:

undue influence
lack of mental capacity
fraud or forgery.

Question 24

What are lifetime gifts?

Accepted Answer

Lifetime gifts are assets you give away before you die. Examples of lifetime gifts include:

money
investments
artwork
cars
jewellery
shares in a business
payments to a life assurance policy that is not for your benefit or does not pay out to your estate

If you survive the gift by seven years or more, then it is not normally subject to inheritance tax when you die. It is important that you do not retain any benefit of the gift, or inheritance tax will be due. Gifts that you make within seven years of your death may be subject to inheritance tax. Transfers into Trusts are also subject to the seven year rule, however the inheritance tax position is more complex and legal advice should be obtained.

Question 25

How can I make an Inheritance Act 1975 claim?

Accepted Answer

How can I make an Inheritance Act 1975 claim?

You might be able to make a claim through the Inheritance Act 1975 if:

you were left out of the will
you were included in the will, but it didn’t make sufficient provision for you
you have not inherited due to intestacy rules.

If you are the spouse or civil partner, you are entitled to such financial provision as is reasonable in all circumstances. For anyone else wanting to bring a claim, it is a case of such reasonable financial provision as is necessary for their maintenance, and within the constraints of what the estate can provide. What constitutes ‘reasonable’ provision is very much dependent on the facts and circumstances in question. It would therefore be sensible to obtain legal advice first if you are thinking of bringing a claim.

Question 26

What is a probate caveat on a will?

Accepted Answer

A probate caveat is a means to stop a probate application, for example if there is a dispute about the will or the persons applying for probate. In order to enter a caveat, it is necessary to make an application to the Probate Registry.

Question 27

What is a ‘No Win No Fee’ agreement?

Accepted Answer

Most medical negligence claims are settled under a ‘No Win No Fee’ agreement. This means you won’t have to pay for any legal costs, or costs associated with your claim, unless you are successful. If your claim is successful, the costs are paid from your compensation amount.

Tees takes many medical negligence claims on a ‘No Win No Fee’ basis. Most of our claims are funded using a conditional fee agreement. With this arrangement, if you lose your case, it should not cost you a penny. If you win your case, we will recover most of the costs from the defendants. There may be some deductions from your compensation for costs, but we guarantee that these will be no more than 25% of the total compensation recovered.

You will receive at least 75% of the compensation awarded.

Question 28

Do I need to pay for my initial medical negligence claim assessment?

Accepted Answer

No, we do not charge for the initial assessment. If we are able to take the case beyond the initial assessment, we will then discuss funding options with you such as legal aid, before the event insurance, or a no win no fee agreement. If, as part of the initial investigation, we request medical records on your behalf, you may need to pay for the postage and packaging of these.

Question 29

How will the legal fees for a medical negligence claim be paid for?

Accepted Answer

Most of our claims are funded using our funding package which means, if you lose your case, it should not cost you a penny. The package includes a conditional fee agreement, a loan facility, and after the event insurance. If you win your case, we will recover most of the costs from the defendants and we will deduct a success fee and any unrecovered costs from your compensation. The costs that are deducted from your compensation will always be limited to a maximum of 25% of the total you receive, guaranteeing that you will receive at least 75% of the compensation awarded.

Question 30

Do I need to change doctors if I want to make a medical negligence claim?

Accepted Answer

There is no need to change doctor if you want to make a medical negligence claim.

However, if you are concerned that the relationship with your GP or healthcare provider has broken down it may be sensible to request you are treated by an alternative clinician.

Question 31

What happens to the doctor if I make a successful claim?

Accepted Answer

Bringing a claim will not put individual doctors out of pocket if they are employed, because their employer, or their own insurance, will indemnify them. This may be different in certain circumstances, for example when the treatment is question has been obtained from a private doctor.

Question 32

How do I make a complaint about a doctor or hospital?

Accepted Answer

You can make a complaint about your doctor or hospital treatment via the NHS complaints procedure, or to the General Medical Council (GMC) or Nursing and Midwifery Council (NMC).

Writing a complaint is often the first step we advise, because reviewing the Letter of Response can be useful in evaluating the merits of the potential claim. If you need help making a complaint, a medical negligence solicitor can help you fill out the form and guide you through the process.

Question 33

What does an independent medical expert do in a medical negligence claim?

Accepted Answer

When your solicitor has all your medical records they will usually instruct independent experts to prepare detailed reports into the care you received. The reports form the basis of the case. The medical expert is there to support the legal expertise of your solicitor, supporting your claim with medical knowledge and facts.

Question 34

Are medical experts independent?

Accepted Answer

At Tees, we only instruct trusted independent experts and we have spent many years building contacts with recognised and leading medical professionals. All of our independent experts are experienced in medico-legal work and can review your medical care impartially. Their duty is to the Court and not to those who may instruct them, given that they remain impartial.

Question 35

What is a medical negligence claim?

Accepted Answer

A medical negligence claim is a claim brought in circumstances where a medical professional has made a mistake or their care has fallen below the minimum acceptable standard, which has caused you injury or worsened your condition.

Question 36

How do you prove medical negligence?

Accepted Answer

To make a successful medical negligence claim, you need to prove the medical care you received was negligent (the doctors or medical professionals did not do their jobs properly) and caused you injury or loss. Legally, this is known as proving breach of duty and causation.

To prove breach of duty, your medical negligence solicitor needs to prove that the care or treatment you received fell below the standard expected of a reasonably competent clinician.

To prove causation, your medical negligence solicitor needs to show that the breach of duty caused you harm or injury. This can often be difficult, particularly in situations where someone was already ill or suffering from a medical condition.

Question 37

What is the process for bringing a Medical Negligence claim?

Accepted Answer

If you think you may have a medical negligence claim it is important to contact us as soon as possible. If, following our investigation, we consider that there is a strong enough case to bring a claim we will arrange a meeting with you to discuss funding the claim and to take a witness statement.

Once we have all the medical records, we will instruct independent experts to prepare detailed reports into the care you received; these will form the basis of the case. We will gather evidence as to the damage you have suffered and the impact this has already had on your life, and may continue to have into the future. We always seek to conclude cases without the need to go to Court where possible, in order to reduce the stress on you and the time taken to reach a resolution.

Question 38

How long does it take to bring a medical negligence claim?

Accepted Answer

Preparing a medical negligence claim involves a great deal of work, including obtaining and reviewing medical records, instructing experts, reviewing their reports, gathering evidence as to any losses you have suffered and preparing detailed witness statements.

In straightforward cases we may be able to conclude your claim within 12-18 months, however in more complex cases the time taken to settle a claim can be significantly longer. The time taken is necessary to make sure your claim has the best chance of success and achieving the outcome you deserve. Your medical negligence lawyer will keep you regularly updated throughout the process.

Question 39

What will I need to do during the course of a medical negligence claim?

Accepted Answer

During the course of your case you will receive regular progress updates. Usually, your involvement in the claim will include:

giving a witness statement
going to meetings with experts to discuss your case
talking to your solicitor or barrister about any offers made by the Defendant
attending appointments with experts to report on your condition, prognosis or future needs.

Question 40

Can you meet me at home or at the hospital?

Accepted Answer

Yes, if travelling is difficult for you we are happy to meet you wherever is most convenient. We are able to visit several times, as needed, to give you time to tell us what happened, to take your witness statement and discuss the ongoing progress of your case.

Question 41

Will my medical negligence case be kept confidential?

Accepted Answer

Yes, your files will be kept confidential according to the General Data Protection Regulation. All Tees staff understand the need for strict confidentiality. Tees is a member of the Law Society and the Association of Personal Injury Lawyers (APIL) and people from these organisations may occasionally inspect our files.

Question 42

Is there a time limit on when I can make a medical negligence claim?

Accepted Answer

In most cases, there is a three year time limit for bringing a medical negligence claim. The three years begins from the date of the negligence or from the date that the patient should have known that the injury was or could reasonably be linked to the original negligence.

There are some exceptions to the three year rule:

If the patient is incapable of managing his / her property or affairs and is a “protected party”, the three year time limit begins when they have capacity to bring the claim.
For children, the three years begins on their 18th birthday, so claims must be made before they turn 21 in England
If the patient has died, the three years begins from the date of death

Other dates may also apply, such as where incidents occur abroad, where there is a Human Rights Act claim, or a defective product and so early advice is needed as some time limits are 1 year only.

There is a great deal of investigation work involved in medical negligence claims, so it’s important to contact a solicitor as soon as you can.

Question 43

How do I start a medical negligence claim?

Accepted Answer

If you think you have a medical negligence claim it is important to take legal advice from a specialist medical negligence solicitor as soon as possible. A medical negligence solicitor will assess your claim and support you, and your family, through the process.

The solicitor will talk to you about what happened. At this initial assessment stage they may ask for your medical records.

If the solicitor thinks you have a potential claim for compensation, they will arrange a meeting to discuss whether you’d like to look into this further. At this meeting they will advise on the funding options for your claim (for example, through a ‘No Win No Fee’ agreement). If you want to proceed, the solicitor may take a witness statement from you and other potential witnesses. They will need to carefully review your medical records and if you have not already obtained these they can request them on your behalf. They will also review any complaints correspondence that you have had with the hospital Trust

At Tees we will advise you on options to conclude your case without the need to go to Court where possible, in order to reduce the stress on you and the time taken. If this is not possible we will support you through the litigation process, and go to Court if necessary, to achieve appropriate damages for you.

Question 44

What is the result of a medical negligence claim?

Accepted Answer

If your medical negligence claim is successful, you may be entitled to financial compensation. Financial compensation is for your pain and suffering, and any past or future financial losses which result from your injury.

It is possible that the NHS Trust or medical professional responsible for your care will face disciplinary action,. However, your claim cannot demand that disciplinary action be taken, although where relevant we may assist in a recommendation being made.

It’s also possible for procedures to change as learnings about what went wrong are implemented. This means you will have helped to make it less likely that the incident may happen again to someone else.

Talking to an expert about what happened may also help you as the medical negligence lawyer will listen to you and help you to understand what happened.

Question 45

What is a settlement agreement?

Accepted Answer

A settlement agreement is a legally binding agreement between employer and employee. It would usually provide for a sum of money to be paid by the employer to the employee, in return for agreement by the employee, not to pursue any claims against the employer in the employment tribunal or courts.

The agreement will usually contain clauses relating to confidentiality and may also include an agreed reference and clauses relating to post termination restrictions.

It can be used in various scenarios including redundancy, disciplinary and performance issues or grievances and settling work place disputes.

Question 46

What is the difference between a compromise agreement and a settlement agreement?

Accepted Answer

They are the same thing essentially. In July 2013 the government introduced some changes including pre-termination negotiations and at the same time changed the name from compromise agreement to settlement agreement.

Question 47

What does “without prejudice” mean?

Accepted Answer

It means that any discussions ornegotiations between the parties are confidential and “off the record” and cannot usually be used against the other party, if the negotiations break down and a claim is brought in the court or tribunal. An employer may also commence what is known as a “protected conversation” which is similar. If the employee has been placed under undue pressure or there is no genuine dispute, the discussions may not be “without prejudice” or protected from disclosure. Care should be taken in what is said in such communications, and you should seek specialist legal advice.

Question 48

What amount of money should be offered under a settlement agreement?

Accepted Answer

There is no set method to calculate an amount due under a settlement agreement. At a minimum an employee should normally be paid their notice pay (unless they have been dismissed for gross misconduct) plus any accrued but untaken holiday (if any) and any other contractual payments.

Additional compensation for loss of office will differ depending on the circumstances and facts relating to the termination of employment. Employers will often consider length of service and what an employee could achieve if they were to take a claim to the employment tribunal. It is not uncommon for employers to offer between one to four months’ salary on top of contractual entitlements, but there is no one size fits all. Make sure you take legal advice.

Question 49

Will I have to pay tax on my settlement payment?

Accepted Answer

Payments of up to £30,000, which are not made up of any notice or other contractual elements, can often be paid without any deduction of tax. However, we strongly recommend you take specialist advice from an accountant on the tax treatment of lump sums received , particularly in complex transactions involving, for instance a transfer or sale of shares, alongside leaving employment. At Tees we will work with your accountants and can provide you with specialists to assist you.

Question 50

Do I have to pay legal fees for advice on a settlement agreement?

Accepted Answer

An employer would usually offer to contribute towards legal costs, although there is no legal requirement for them to do this. The contribution will not necessarily cover all of the legal costs incurred, for example, if long negotiations are entered into with the employer, or the employee wants additional advice. In those circumstances the employee will normally be responsible for those costs unless the employer can be persuaded to pay more.

Question 51

Why do I need a solicitor to sign a settlement agreement?

Accepted Answer

For the settlement agreement to be legally binding the employee must take independent legal advice so that they understand the terms of the agreement and the implications of signing it. Once it is signed by both parties it is open (that is, no longer "off the record" as part of a without prejudice negotiation) and binding.

Question 52

Do I have to meet my employer during negotiations?

Accepted Answer

If you're still employed, then, unless you're unfit for work or on leave, you should follow all reasonable instructions including to attend a meeting. If you are unwell, then the negotiations may be undertaken by email or other correspondence. If you don’t feel you can face the negotiations, or would prefer someone to deal with the key issues and legal jargon on your behalf, your solicitor can contact your employer, or their solicitors, if they have legal representation too. That is often a good way to ease the pressure on you and allows your adviser to cut to the key issues for you.

Question 53

Will my past record be taken into account in a settlement agreement?

Accepted Answer

Your employer will take into account your length of service when calculating redundancy pay and notice. An employee’s past record may be relevant if the employer is considering particularly good service or loyalty, or misconduct issues, when choosing what it wants to offer.

The employer is under no obligation to offer a minimum or maximum additional compensation on a settlement, so each employer is likely to take into account various different factors which sometimes includes prior record. It may also be relevant to the reference given, though most employers will take care to give a factual reference only.

Question 54

What should be included in a settlement agreement?

Accepted Answer

There are certain formalities to be met, regulated by law under the Employment Rights Act. In summary, there will be some essential terms relating to the employee signing away their rights. In addition, the agreement will commonly include terms around any compensation payment to be made, agreed reference and any post-termination restrictions. Terms around confidentiality are also common but subject to limitations, for instance that employees cannot be prevented from making a “whistleblowing” protected disclosure.

Question 55

Can I ask for a settlement agreement?

Accepted Answer

Both employer and employees are permitted to request a protected and/or without prejudice conversation to discuss the possibility of a settlement agreement. In either case we recommend care around what is said and how it is said, and that you take legal advice in advance of having such a discussion. Some pitfalls can, for instance, include committing to a deal without all the terms in place. It is important to ensure you make the discussions clearly “subject to contract”, not saying or doing anything as an employer that appears to force the employee to sign a deal and, for the employee, not to inadvertently resign from employment if that is not your intention.

Question 56

What happens when a Will is contested?

Accepted Answer

A Will can only be contested on specific legal grounds. If the party who intends to contest the Will is unable to reach a resolution with the executors and beneficiaries of the Will, then an application will need to be made to court, setting out the basis of the challenge to the Will.

Question 57

Can you contest a Will?

Accepted Answer

A Will can be contested on a number of grounds:

lack of capacity
undue influence
lack of knowledge and approval
invalid execution
the Will is a forgery or a result of fraud
mistake or drafting errors.

Question 58

Who can contest a Will?

Accepted Answer

Anyone with a claim against an estate that relates to the content, drafting or execution of the Will can potentially challenge a Will. The most common claimants are spouses, children, family members or dependants of the deceased and beneficiaries of the Will, or creditors. Claims can also be made against an estate if a claimant was promised to be remembered in the Will by the deceased, which they relied on, but did not receive. Close family members, dependants and cohabitees can also make an claim against an estate on the basis that the Will failed to make reasonable provision for them.

Question 59

When can I contest a Will?

Accepted Answer

Usually, it is important to take advice quickly following a death, for a number of reasons, if you think you may have a claim. A claim for reasonable provision must be issued within 6 months of the grant of probate (which can be extended in certain circumstances). Therefore, it is necessary to contact the executors of the estate as soon as possible, to try and reach an agreement, without having to issue court proceedings. The same time limit does not apply if you are challenging the Will, but it is sensible to proceed as soon as possible, as so as to avoid unnecessary evidential difficulties and to avoid adverse tax or cost implications for the estate.

Question 60

How do you contest a Will?

Accepted Answer

It is sensible to engage the services of a specialist solicitor. They will contact the executors of the Will on your behalf to notify them of your potential claim. Depending on the type of claim you have, your solicitor may recommend that a caveat is entered to prevent a grant of probate being obtained in respect of the Will. If resolution of your claim cannot be agreed between you and the executors and beneficiaries of the Will, an application to the court may be necessary.

Question 61

Does the executor of a Will have the final say?

Accepted Answer

Once the basis of your claim has been notified to the executors and beneficiaries, the executors of the Will usually take a neutral position in respect of the claim, which is negotiated and progressed with the beneficiaries of the estate.

Question 62

Who pays to contest a Will?

Accepted Answer

Each party is responsible for their own legal costs. An agreement may be reached whereby your legal costs are paid by the estate. If your claim is determined by the court and you succeed, you can ask the court to determine which party should pay your costs.

Question 63

How much does it cost to contest a Will?

Accepted Answer

The overall cost of dispute will depend on the issues involved, the number of witnesses and documentary evidence involved, whether expert evidence is needed and the point at which a case is concluded.

Question 64

What constitutes undue influence in a Will?

Accepted Answer

Undue influence is where pressure, coercion or undue influence is exerted on the deceased so as to procure a Will in particular terms, that is not the expression or result of the deceased's own free will.

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