Can I make a claim against an estate?

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.

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Can you override a Lasting Power of Attorney?

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.

How do I challenge lifetime giving?

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.
What are lifetime gifts?

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. 

How can I make an Inheritance Act 1975 claim?

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. 

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What is a probate caveat on a will?

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.

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What is a ‘No Win No Fee’ agreement?

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. 

Do I need to pay for my initial assessment?

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.

How will the legal fees for the claim be paid for?

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. 

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

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. 

We understand your situation and our expert team are here to help

Get in touch to speak with someone who can help you move forward.

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Tees coronavirus update

We’re open and here to help you. We’re running as normal with our employees all working from home.

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You can call us as normal on 0800 013 1165 or email us: hello@teeslaw.com.

You can also find contact details for all our advisers here. 

As a flexible and technologically-adept firm, we already had many home-working systems in place. We have now rolled this technology out to all our employees working for clients, so they can continue to work normally - and from home.

If you are a client, please be assured you can get in touch with Tees and we are still working on your case. To replace face-to-face meetings, we have the facilities to do video-conferencing, conference calls or just speak on the phone, as you need.

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