0800 652 3371

Intestacy (Dying Without a Will) - What Will My Spouse/Civil Partner Get?

If you die without having first made a will, your ‘free’ estate (all your UK assets including any property, cash assets and other assets which haven’t already been nominated for another, for example, any life insurance or a private pension payment) will be distributed in accordance with the intestacy rules.

The intestacy rules were introduced by the Administration of Estates Act 1925 and provide that where an individual dies without a child or children (including adopted but not a step child or children), their surviving spouse or civil partner will receive the whole of the free estate.

However, where an individual dies with a child or children, the surviving spouse will inherit the personal possessions and, depending on the value of the estate, an amount up to a maximum of a fixed net sum, known as the statutory legacy.

For all deaths from 26 July 2023 the statutory legacy will be £322,000.

Accordingly, if your free estate exceeds this amount, or if you would wish someone other than your spouse or civil partner to inherit in the event of your demise, it is imperative you seek legal advice regarding the preparation of a will.

Please note that the term civil partner refers to someone who has signed a civil partnership document and not a ‘common law’ partner, or cohabitee.

Travelling with Children – Legal Issues to Check

As a travel addict I’m sure I was not alone in wondering, in the midst of the pandemic, if I would ever go on holiday again!

However, having the freedom to move around again, as the fancy takes us, is something we will probably take less for granted now and as the holiday season approaches many families will need an extra checklist on top of the one showing sun-cream, flip-flops and a good beach novel.

This is relevant not only for separated families where the parents of a child do not live together, but also families where the parents are together but the plans for the child involve overseas travel without both parents.

It is also important, where the parents are separated or there are court orders in place, to check the position since, if there are “hiccups”, the main person to be adversely affected is likely to be the child.

For that reason, I have put together an alternative “holiday checklist” when travelling with children.

1. Who has Parental Responsibility for the child?

Nominally the mother has it, as does the father if he is married to the mother or registered as the child’s father. However, if there are court orders in place other people may have PR and it is important to check.

2. Do you need the permission of all PR holders to remove the child from the country if you are going abroad?

This will depend on whether there are court orders in place and what sort of order it is – some orders dispense with the need to get the consent of other PR holders for overseas travel for short periods of time

3. Do you have the permission from people whose consent is needed? – it is preferable to get this in writing, even if the parents are still in a relationship but one parent is travelling alone, or grandparents are taking the child abroad, since immigration authorities will sometimes question the circumstances of the journey.

4. Take a copy of any court orders with you – if you are going to a country where English is not readily understood then consider getting an official translation of the order into the language of that country.

5. Even if consent of all PR holders is not needed because you have a court order, it is preferable if you can at least give other PR holders some basic information about the holiday – dates, accommodation and flights (provided it is safe to do so).

6. Whether your holiday is in the UK or abroad, ensure that your travel plans do not conflict with any court orders for the child to have contact / spend time with other people since you would be in breach of the order, with potentially serious consequences, if your plans prevented that contact from taking place. If you anticipate a difficulty it is sensible to seek early legal advice with a view to negotiating a variation of the plans to allow for holidays to take place.

7. If it is safe and you consider it is in the child’s best interests to do so, perhaps look at the child having a video call with the other parent when you are away, or bringing back a small gift for them, so they can share the experience with the other parent.

8. Pack bucket and spade – ah, sorry, that should be on the other list!

Most importantly of all, have a wonderful time, make memories – hopefully the above will assist in achieving that.

If you have any queries regarding the above issues you can contact us by calling 0800 652 3371.

Largest UK Review of Maternity Care Failings Initiated in Nottingham Hospitals

An independent review into failings in maternity care in Nottingham will now become the UK's largest ever carried out in the UK with 1,700 families' experiences to be examined.

The inquiry will be led by Donna Ockenden, who previously headed the probe into services at The Shrewsbury and Telford Hospital NHS Trust in Shropshire (SaTH), which previously was the biggest maternity scandal ever to affect the NHS.

Ms Ockendens’ review will focus on the maternity units at Nottingham University Hospital (NUH) NHS Trust's Queen's Medical Centre and City Hospital. The review comes after numerous instances of baby deaths and injuries at the trust. So far, 674 families have given their consent to join the review, which has shifted from an "opt-in" to an "opt-out" basis following requests from affected families. NUH has acknowledged the need to rebuild trust and plans to issue a public apology.

The review is a colossal undertaking, examining cases involving 1,700 families who had experienced stillbirth, neonatal deaths, brain damage to the baby, harm to mothers or relatives of mothers who died. The sheer amount of families involved highlights the magnitude of the problem and emphasises the need for a thorough investigation.

The review follows previous concerns raised about similar failings identified in SaTH in Shropshire, where it was identified that better care could have saved the lives of at least 201 babies and mothers. There are fears that similar findings may be identified with NUH.

The review's chair, Donna Ockenden, stressed the importance of achieving representation from diverse communities in the review process. Efforts are underway to ensure that women from all backgrounds feel confident in coming forward and participating. The low response rate among certain communities, such as black and Asian women, underscores the need for targeted outreach and engagement.

While positive changes have been observed in response to family accounts, the review team has acknowledged that the journey to address all issues cannot be resolved overnight. The commitment to transparency expressed by NUH is seen as a significant step forward by families who have long fought for their voices to be heard. The successful inclusion of over 95% of affected families in the previous review in Shropshire provides a benchmark for the Nottingham review.

Overall, this review into maternity care failings in Nottingham hospitals aims to identify past mistakes, rebuild trust, and ensure that all affected families - regardless of background - have a voice in the process. The goal is to learn from these incidents and make substantial improvements to maternity services, with the ultimate aim of preventing similar tragedies in the future.

Lanyon Bowdler’s specialist Clinical Negligence Department are representing hundreds of families affected by the SaTH maternity scandal, and have worked extensively with the Ockenden review team to uncover the truth as to what happened in Shropshire’s maternity services.

Beth Heath, partner and head of clinical negligence, said, “It is a terrible tragedy that just over 12 months from the report into the SaTH maternity scandal, the NHS now faces a further scandal of seemingly worse proportions. Families need to have their voices heard, and it is vitally important that NUH and the NHS are completely transparent and accountable throughout this process”

If you wish to speak to Lanyon Bowdler’s specialist team, please email: info@lblaw.co.uk or phone 0800 652 3371.

Aiding The Brain Following Traumatic Injury

As a member of the Court of Protection Department it’s hard not to consider how we remember things without discussing the impact that a Traumatic Brain Injury (TBI) may have on someone’s ability to do tasks we often take for granted. One major impact of a TBI is that someone’s thinking process and thinking ability may dramatically alter post injury.

It is more common to find that moderate to severe TBI patients will often suffer from short term memory difficulty, however, this is not to say that long term memory issues may be apparent in specific cases. As a result of short term memory difficulty being problematic for the individual, they may find it tough to carry out tasks such as remembering to return calls, losing track of time and remembering what shopping they need to buy. When suffering these side effects, TBI patients may be encouraged to adapt their routine so their independence can remain when carrying out day to day tasks.

One method TBI patients may find beneficial is to keep tabs on what they wish to remember. Using external memory aids such as notebooks and whiteboards will most likely be a coping mechanism for how one would deal with day to day life after a TBI. The visual representation, rather than relying on the brain, to remember specific situations and notes will inevitably place the brain under less stress.

Compensatory strategies such as notebooks and planners, allow the individual to strengthen the memory trace within their brain and the information should remain close by when access is needed, to be used as a prompt in given situations such as supermarkets and busy environments. The concept of using a notebook as a prompt will potentially avoid the brain becoming overloaded with information.

Paraphrasing and the dissection of longer paragraphs into smaller ones, may also be useful tools when note taking. Compensatory strategies may also include the removal of background noise when carrying out a certain task that requires a high level of concentration.

Those who suffer from memory loss will benefit from daily routines. Although often most associated with those cases where someone may suffer from memory loss as a result of Alzheimer’s, a daily routine can often help those who have suffered a TBI. A routine is beneficial to reduce anxiety to a minimum and the element of familiarity will ideally allow the individual to be calm and relaxed.

The inclusion of daily activities within someone’s routine will allow the individuals emotional state and stress levels to be controlled to a level where their happiness is clear. A routine will help alleviate uncertainty and remove the prospect of the individual perseverating on what they should do next.

The concept of neuro-fatigue being present in an individual will most likely be heightened following a TBI, as a result of the brain working hard to repair itself after the sustained injury. This means that an individual with a TBI must keep neuro-fatigue to a minimum, and routine will allow for rest periods to be scheduled in. Sleep and napping are vital parts of the healing process and sleep deprivation may noticeably effect a person’s ability to concentrate and remember things.

Alongside this, board games may be a fun way of enhancing cognitive skills to help independence and activate important mental skills throughout life. Carole Walker has recently discussed this topic in her blog: Entertaining Ways to Help Recovery from an Acquired Brain Injury

Top Tips For New Businesses

You have had a brilliant idea, the business plan is agreed and now you’re ready to start the business. Here are a few tips to ensure that your first few months go smoothly, you protect your interests and minimise risk to your business.

1. Shareholders’ agreement: Who owns the company? This may sound obvious but without documenting certain additional protections like pre-emption rights, ownership may change without you knowing let alone your approval! Often, private limited companies are chosen to limit the liability of the shareholders (i.e. the owners) to the amount, if any, unpaid on the shares held by them (which can be as little as zero). If there is more than one shareholder, it is highly recommended you consider a shareholders’ agreement for the following reasons:

a. What happens if a shareholder leaves or dies? Should existing shareholders have the right to purchase shares on key events? If so, what should a ‘fair’ price be? Negotiating this ahead of time is likely to result in significant cost savings.

b. What happens if communications break down between the shareholders? You can set out here “deadlock” provisions to help the company move forward when there is a stalemate in decision making.

c. Who can appoint directors and what are the requirements for directors’ meetings such as a certain person must be present for a valid meeting to take place.

d. Minority shareholders who otherwise have little control in the business can be given veto rights over fundamental decisions.

e. The Articles of Association are a public document so you can include enforceable confidential terms in the shareholder’s’ agreement.

f. Restrictions on the issue of new shares can be included to avoid dilution of an existing shareholder.

g. Restrictions on the transfer of shares should be set out so that any share transfer must first be offered to existing shareholders. At the same time, you may wish to carve out certain permitted transfers to next of kin including on death.

h. Do you want minority shareholders to be able to block or delay a sale? If not, you may want to include ‘drag along’ articles, enabling the majority to force the sale of a minority stake (at the same price).

i. Do you want majority shareholders to sell their shares without the minority also being made an offer at the same price? If not you may want ‘tag along’ articles so that a buyer has to make an offer for all the shares.

j. Finally, it is helpful to set out the rights to distributions and capital. For example, should there be unanimous approval to declare any dividends? Can dividends be paid out in different proportions to shareholders? If so, who needs to agree to this?

2. Data protection: Given the level of fines the Information Commissioner may levy on companies, it is no surprise that data protection is a hot topic for all businesses. Before you begin dealing with personal data, you will need to assess whether you have a “lawful basis” for processing the data and whether its collection is “necessary” for such purpose. If you are happy to proceed, you must then have the necessary data protection policy and privacy notice in place. This will detail what personal data is being collected, the reasons for collection and the data subjects’ rights under legislation. There is also a fee to pay to the Information Commissioner unless you are exempt and additional requirements for particularly sensitive personal data.

3. Terms of business: you may consider that you have trusted relationships with your suppliers and customers. However, it is sensible to consider whether written terms are a worthwhile investment to help reduce your risk:

a. Certainty of terms: contracting parties, term, description of goods/services, pricing, timings, delivery and acceptance are just a few terms which should be written down to provide certainty and therefore avoid disputes between the parties. Furthermore, lack of certain terms could void a contract which can be problematic when claiming for any loss. You could opt for a standard set out terms and conditions which is attached to any order form/email or have more bespoke terms if the business relationship is high risk (i.e. due to value or otherwise).

b. Limitation of liability: without a contract, your liability may be unlimited in amount but also you could be liable for all losses including losses which may not have been foreseeable. This may seem unfair but is a real risk for transacting parties.

c. Pricing: you can include terms which set out specific payment due dates (normally by reference to an invoice) and also include that “time is of the essence” meaning that non-payment may result in termination. You can also set interest rates due on late payments or require that payment be made in advance, and allow for price increases by references to inflation or the retail or consumer prices index.

d. Termination: we often receive queries regarding a parties’ right to terminate. Setting out written terminations events and valid notification processes means both parties understand their rights and post termination obligations like returning materials, destroying data and confidentiality.

4. Website design: most businesses now have a website which is an important client facing space which may be of real value to the company. A lot of time and effort is required to create the website and it is extraordinary how often the customer does not actually own the full rights to its own website and/or domain. Sometimes the creator provides a licence only to use the website which the creator continues to own. If you opt to have a website created, ensure that you sign a website development agreement which includes terms to confirm that full ownership rights belong to you and that ownership of the domain is transferred to you or the company. A website and domain name can be critical for a business and so full ownership is paramount. Ownership by the creator should be avoided as the value is in the ownership rights and if this is not transferred to you or the company, the creator could die or leave the country without any ability for you to then transfer ownership.

5. Share registers: it is a legal requirement for private companies to maintain a register of members (i.e. shareholders) as well as directors and ‘persons with significant control’. Failure to do so can result in extra costs, delay or even abortive transactions if you ever want to sell shares in the company. This is especially important if the company ever carries out a share buyback. Private companies have the option of electing to keep the information that must be entered in its register of members on a central register maintained by Companies House which may be worth considering for some companies.

In a recent episode of our podcast, The Legal Lounge, corporate solicitors talk about the importance of putting a shareholders agreement in place at the outset of a new business partnership. They explain the differences between directors and shareholders, and how a shareholders agreement can detail how a shareholder can be part of the management of the business, you can listen to this here.

Please note that there are many more factors to consider, importantly legislation in respect of employees, which are not included here. If you have any questions then please feel free to contact us by telephone 0800 652 3371 or email info@lblaw.co.uk.

International Group B Strep Awareness Month

1 July 2023 marks the start of International Group Strep B Awareness month. The aim of this campaign is to raise awareness predominantly amongst healthcare providers, parents and future parents about this infection which has the potential to cause serious harm or death in new-borns.

What is Group B Strep?

Group B Strep is a type of streptococcal bacteria that is very common in both men and women. It is generally present in the rectum or vagina and usually doesn’t cause any symptoms or health issues. Therefore, a person can be infected with Group B Strep and not even realise.

In pregnant women however, an infection with Group B Strep can have serious consequences.

Group B Strep in Pregnancy

Group B Strep isn’t routinely tested for in pregnant women who are receiving NHS care and nor is it recommended. This is because it is a relatively common infection that rarely causes any problems. An infection with Group B Strep will therefore generally only come to light during routine testing for another reason such as a urine test or vaginal swab.

If Group B Strep is identified during pregnancy, or if a woman who is pregnant has had a baby that has been affected by Group B Step before, there is a small risk that it could spread to the baby in the current pregnancy and make them very ill.

Whilst most babies who are infected with Group B Strep will make a full recovery with appropriate treatment (which usually involves the prescription of antibiotics), some babies will sadly develop serious problems such as sepsis, pneumonia or meningitis as a result.

It is for this reason that if Group Strep B is identified as a risk in pregnancy, the following advice will be provided:-

  • To make contact with the hospital as soon as contractions start or the waters break.
  • To give birth in hospital.
  • To receive antibiotics during labour (to reduce the risk of the infection affecting the baby).

Advice may also be provided to stay in hospital for at least 12 hours after giving birth so that the baby can be monitored for any signs that they are suffering from an active infection.

Group B Strep in Clinical Negligence Cases

Sadly, in some cases, Group B Strep is identified during pregnancy but the above advice is not followed. In some cases, the above advice is followed but the signs that a baby has developed an infection following delivery are missed and they do not receive prompt treatment. Sometimes, the infection is detected and treatment recommended, but then not administered. The consequences of these omissions can be catastrophic as the severe infection that results can lead to neonatal death or the development of serious and permanent disabilities that leave babies requiring lifelong support.

At Lanyon Bowdler, our Clinical Negligence Team are experienced in dealing with cases arising out of failings in the management of Group B Strep. If you or your child has been affected by Group B Strep, you should not hesitate to contact us.

Race For Life: 30 Years

Written by Vicki Thomas

2023 marks the 30th year of Race for Life, organised by Cancer Research UK, a series of events which take place across the country raising money for research into all 200 types of cancer. Race for Life is a very inclusive event, open to everyone and any age.

I was one of around 650 participants that took part in Shrewsbury’s event, at The Quarry, on Sunday 18 June. The ‘race’ started at 11am, with the recommendation of arriving at least 30 minutes before to soak up the atmosphere and join in the fun warm up session. Prior to the run we were informed the money raised from the Shrewsbury event alone was an incredible £34,000 with more money expected after the event, which would increase the total further.

After an aerobic warm up to an uplifting tune we were guided to line up in groups - runners at the front, joggers next, then walk/joggers at the back. There is no timescale required to finish, it is definitely a ‘finish line not finish time’ event.

With an emotional song playing as we counted down from 10 to one, we were off. A sea of pink snaking its way through the 5k marked route, with some in fancy dress - there was a running banana and a family of flamingos, a very well done to them for wearing a costume on such a hot day!

Members of the public, family and friends lined the route to cheer us on and give encouragement, which was fabulous. Volunteers gave their time to marshal the course, and hand out medals at the end, along with snacks and lots of water!

Whether people are living with cancer, taking park in honour of or in memory of a loved one with cancer or signing up to protect their own children’s future, everyone has a reason to Race for Life, as support through events like this funds ground-breaking work.

It was pleasing to read in the Shropshire Star recently about a welcome rise in cancer survival rates in Shropshire: ‘The rate of survival for cancer patients in the county one year on from their diagnosis is still rising’. This is positive news, however, there are still lots of worrying statistics on missed and delayed diagnosis. If you have been affected by this you can contact our award winning Clinical Negligence team for guidance and to see if we are able to assist.

Methods Of Enforcement: What Are Your Options If A Debtor Does Not Pay Following A County Court Judgment?

You have sent your debtor a letter of claim, issued proceedings in court, dealt with any relevant applications, requested judgment and the day finally comes where the fruits of your labour reach your desk. A County Court Judgment (CCJ), ordering your debtor to pay the debt owed to you. What a wonderful feeling!

You may be left wondering what happens now, a CCJ does not necessarily mean a debtor will make an immediate payment. If your debtor does not pay in accordance with the order, you may need to consider methods of enforcement.

What are your options? We have compiled a list of the most frequently used methods of enforcement so you have all of the information at your fingertips.

County Court Bailiffs – Warrant of Control

County court bailiffs can deal with debts with a value below £5,000 but generally will deal with debts below £600. They can be instructed by making an application for a ‘warrant of control’ directly to the court where the judgment was obtained from.

In order to execute the warrant of control, bailiffs will attend a property with a view to taking payments to cover their fees, and the total amount of the debt. Where payments are not forthcoming the bailiff will look to seize assets to sell, in order to cover repayment of the debt, as well as their fees. If a debtor refuses to let a bailiff inside their home, the bailiff will look to seize assets that are outside the home to cover the debt, including cars which are parked on the driveway.

Bailiffs must send the debtor notice that they will be attending the property, they are not entitled to force their way into the debtor’s home. They can only enter through an open door, and seizure of goods cannot be undertaken if only children under 16, or vulnerable persons, are present. Bailiffs cannot take clothing, white goods, work tools and equipment worth less than £1,350, or somebody else’s belongings, however, the debtor will need to prove that goods belong to somebody else if the goods are found at their property.

Warrant of control court fee: £83.

Authorised High Court Enforcement Officers (HCEO) – Writ of Control

HCEOs deal with debts with a value above £600 and can be instructed directly to execute a ‘writ of control’. The debt will then be transferred to the High Court and once the sealed writ is received enforcement officers will begin making attendances at the debtor’s property.

HCEOs have similar powers to county court bailiffs, but they are more extensive, they do not need to give notice for every visit and in some cases they are able to force entry in order to recover the debt.

As above, seizure of goods cannot be undertaken if only children under 16, or vulnerable persons, are present. HCEOs cannot take clothing, white goods, work tools and equipment worth less than £1,350 or somebody else’s belongings, however, the debtor will need to prove that goods belong to somebody else if the goods are found at their property.

HCEOs are considered more effective for debt collection than county court bailiffs.

Writ of control court fee: £71.

Other fees may be charged by the HCEOs such as an abortive fee if recovery is not successful.

Charging Order

If a debtor owes a significant amount of money, and you are aware that they own their own property, you may wish to consider putting a charging order in place. A charging order places a registered charge on the title of the debtor’s property, in the event the debtor sells their property, should there be sufficient equity, the debt will be paid from the proceeds of sale.

A charging order is issued in two parts. Once the application is made, an interim charging order is put in place which places a restriction on the title of the property. This is done without a hearing. If no objection is raised to the interim charging order, the application will be sent to a judge after 28 days to have a final charging order put in place, and a registered charge will be recorded against the title of the property.

This option does not produce an immediate result, however, if you are not happy to wait for the debtor to make the decision to sell to recover your money, charging orders can be put in place while other methods of enforcement are attempted, for example; you can have a charging order in place and also have HCEOs attending the property to take payments.

Once the debt is paid in full, the charge must be removed.

Court fee: £119.

Attachment of Earnings Order

If you are pursuing an individual for payment, and you are aware they are employed, you may wish to attempt an attachment of earnings order. This will not render payment in full immediately. The order is sent to the debtor’s employer and requires them to take money out of the debtor’s wages to make payment of the debt. The money is sent from the employer to the court and the court forward the payments to you in instalments.

It is worth considering the debtor’s salary before proceeding with an attachment of earnings order, as if it is below the protected earning threshold of £550 per month then the attachment of earnings order will fail.

It is also worth noting this is not suitable for debtors who are;

  • unemployed or self-employed;
  • a firm or a limited company;
  • in the army, navy or air force; or
  • a merchant seaman.

Court fee: £119.

Enforcing a debt can be confusing, but it is made easier when you know your debtor. Information about the debtor’s income, asset profile and, if they are an individual, their employment status can be key in selecting the most effective method to recover your money.

You may wish to instruct an enquiry agent to undertake a pre-sue report, in order to get a clearer picture of the debtor’s circumstances if this information is not already known to you.

How can the Debt Recovery Unit at Lanyon Bowdler help you?

Our team will work with you from initial instructions to final payment, we will explain in plain terms what the next steps of the process are, providing you with price estimates throughout, giving you clarity on the cost of pursuing your debts.

For further information about our debt recovery services, please contact the Debt Recovery Team on 01952 211024 or by emailing: debtsolve@lblaw.co.uk

Should I Update My Will?

We would all like to think that once our will has been drafted and signed, we don’t need to worry about it again. Unfortunately this is not always the case. The question is therefore, when do I need to update my will?

The converse of this is that often we believe we need to update our will when in fact we do not necessarily need to. This blog is designed to act as a checklist for anyone who wonders whether it might be time for a will review.

Circumstances when you must make a new will

1. You have entered a marriage or civil partnership since your previous will

If you have married or entered into a civil partnership since you last updated your will, this will cause your previous will to be revoked by your marriage. The only exception to this rule is if your existing will was made in contemplation of marriage or civil partnership and therefore explicitly states that any marriage or civil partnership will not revoke it. We would recommend you contact a solicitor about a new will, even if it is in identical terms, as soon as possible after your marriage.

Circumstances when you should consider making a new will

1. If an executor dies or becomes unable or unsuitable to act for any reason

If an executor dies or becomes unable to act, you should consider whether you would be happy for any remaining executors to continue to act without them. You may wish to consider updating your will to add in a new executor in these circumstances.

If none of your executors are living or able to act at the time of your death, a beneficiary of your estate may be able to take out a grant of representation in their absence.

2. If a beneficiary dies

If a beneficiary dies, you may wish to review your will and reconsider who receives their share. It may be there is already provision in your will for an alternative beneficiary in these circumstances but if there is not, it may create a partial intestacy. This means that their legacy will be distributed according to the intestacy rules which may not reflect your wishes.

3. If you divorce

If you divorce your spouse or civil partner and have received your decree absolute, your estate will be treated as if your ex-spouse has predeceased you. However, if you were to die before you receive your decree absolute and your estranged spouse or civil partner was a beneficiary of your estate, they would be entitled to whatever you had left them under your will. We would therefore recommend that, to protect yourself, you update your will as soon as possible after your separation.

4. You have had children or your children have turned 18 since your previous will

If you have had children since you made your will, you may want to update your will to make some provision for them. It would also be wise to make a new will that appoints legal guardians for your children in the event that you died before they reached the age of 18.

If your children have reached the age of 18 since you made your previous will, you may want to consider adding them as an executor or potentially changing any legacy you have left them. If they have their own family, you may want to consider a provision for them in your will too.

5. There is a change in tax law or care fee rules

As solicitors, we can only provide advice in relation to your will based on the tax laws and rules on care fees at that time. We cannot of course guarantee that these rules will not change in the future and if they do so, we would recommend you arrange a will review with a solicitor.

6. There is another significant change in your financial or personal circumstances

If there is any other significant change in your financial or personal circumstances, you should consider reviewing your will. For example, if your estate has substantially increased in size, you may need to consider tax and/or care fee planning which may not have previously been considered.

7. Your original will is missing

If your original will is missing, this can cause problems in obtaining a grant of representation, particularly if you do not hold a copy of your will. For the avoidance of doubt and to avoid causing difficulties for your executors, it is always better to do a new will in these circumstances, even if it’s in the same terms as your previous will.

Circumstances when you do not need to change your will

1. Someone named in your will changes address

A change of address alone does not mean you need to update your will. We would however recommend that you contact the firm of solicitors holding your will (if applicable) so they can leave a note of the new address with your will for future reference.

2. Someone named in your will changes their name

You do not need to update your will if someone in your will changes their name provided they can produce legal documentation to prove they are the same person. If they have changed their name due to marriage, this could be a marriage certificate, or it could be a change of name deed.

3. You gift a possession included in your will

If you gift something during your lifetime and that item was included in your will (for example, an item of jewellery) you do not need to change your will. If you no longer have an item at your date of death, the gift will simply fail.

In general, it is recommended that you review your will at least once every three to five years to ensure you still understand its provisions and are happy with its contents. A Will is a liquid document and a new will can be drafted at any time so it is worth considering whether your will still reflects your current wishes and circumstances or whether it needs updating.

Why Do I Need Written Contract Terms With My Customers And Suppliers?

There is a phrase known as 'over-lawyering' and many businesses may feel that they have trusted relationships with suppliers and customers and therefore do not need written terms and conditions. In fact, there are statutes like the Sale of Goods Act 1979 which are there to imply important terms into contractual relationships even when no terms are agreed. However, I should highlight some of following benefits of having written terms and conditions in place:

Certainty of terms: contracting parties, term, description of goods/services, pricing, timings, delivery and acceptance are just a few terms which should be written down to provide certainty and therefore avoid disputes between the parties. Furthermore, lack of certain terms could void a contract which can be problematic when claiming for any loss.

Limitation of liability: without a contract, your liability may be unlimited in amount but also you could be liable for all losses including losses which may not have been foreseeable. This may seem unfair but is a real risk for transacting parties. A written contract can help you manage your risk exposure and ensure you are legally protected.

Insurance: who is insuring what and when? There are often conditions which can restrict or limit insurance claims. It is advisable to understand your insurance position and then limit your contractual liability accordingly to avoid any gap.

Title: The default position on transfer of title is that it is linked to the moment the contract is made, or when the supplier notifies the customer that the goods are in a deliverable state. This means the customer may have ownership rights sooner than a supplier might expect! Most commercial suppliers choose to connect the transfer of title to delivery or payment through express drafting.

Pricing: you can include terms which set out specific payment due dates (normally by reference to an invoice) and also include that “time is of the essence” meaning that non-payment may result in termination. You can also set interest rates due on late payments, require that payment be made in advance, and allow for price increases by references to inflation or the retail or consumer prices index.

Intellectual property: if anything is being created, who will own the creative rights to the work? For example, websites are often created but ownership to the site may not have been transferred.

Data protection: will any personal data be transferred between the parties. For example, names, bank details, emails or home addresses. Both parties must have policies and notices in place to comply with data protection legislation and non-compliance can result in potentially hefty fines.

Termination: we often receive queries regarding a parties’ right to terminate. Setting out written terminations events and valid notification processes means both parties understand their rights and post termination obligations like returning materials, destroying data and confidentiality.

Jurisdiction: if you contract internationally, you can be clear that English law and jurisdiction governs the contract and therefore you are much less likely to encounter difficulties enforcing any claim due to a foreign law applying.

If you would like to discuss the benefits of written terms and conditions for your business then please contact me direct, call 0800 652 3371 or email info@lblaw.co.uk.

When Is Enough, Enough?

The release of the BBC’s most recent drama ‘Best Interests’ takes an emotive look at the heart breaking and impossible choices that parents are sometimes forced to make. The harrowing decision of when to say “enough is enough” when it comes to medical intervention is a challenging and difficult discussion for anyone. “Best Interests” provides us with an insight into all perspectives of the heart-breaking decisions that have to be made by parents and professionals alike, and the impact that an illness or life limiting disability can have on individuals and those closest to them.

The show, although a hard watch, brings to mind harrowing cases such as the case of Archie Battersbee. With such heart-wrenching decisions to make, it is easy to see it can be overwhelming for parents and family members to be able to digest the legalities and processes, on top of everything else that they are already having to deal with. Throughout the Court hearing in the last episode, the Judge was clear that they must keep Marnie at the forefront of their mind at all times. The difficulty lay in that, as is the case in so many of these scenarios, that she believed that everybody in the Courtroom felt strongly that they had Marnie’s best interests at heart.

Where is Marnie’s voice in all of this?

It’s a common theme throughout the show that everyone involved seems to state, and indeed believe, that they are the ones “looking out for Marnie’s best interests”. With so many parties seeking to achieve the same objective and coming to different conclusions, how can we be sure what really is in Marnie’s best interests and where is Marnie’s voice in all of this?

We meet Marnie’s solicitor, Greg Richardson, in the second episode. Greg is in a tricky position as a solicitor as he is tasked with being the legal representative of a child whom he has never spoken to and, unfortunately, is obviously unable to speak with Marnie herself to gauge her wishes. As such his only option is to spend time with all parties to gain perspective on the case and make a judgement on what he thinks is in Marnie’s best interest. Although Greg is tasked with acting within Marnie’s best interests, it was heart-warming to see how much compassion he demonstrated towards the family, even going as far as giving Marnie’s father, Andrew, a pep talk during the hearing and ensure that he took care of himself. This demonstrated a human element to solicitors that often at times is not shown, which is an extremely important prospect to have when working with such emotive cases.

What can be learned from Marnie?

Despite being a difficult and emotional subject, the show does demonstrate that there is a support system out there for people who find themselves in this position, albeit a system they may not yet be familiar with. Clearly it is hoped that increasing public awareness will mean that anyone finding themselves in need of engaging with this system will have at least some familiarity with it, and that can only be of benefit.

If there is anything within the episodes on which you would like advice for your family, please feel free to contact our specialists.

Cervical Screening Awareness Week

Cervical Screening Awareness Week runs from 19 to 24 of June 2023. The week aims to highlight the importance of regular cervical screening for women and those with a cervix.

If you have a cervix and you’re between the ages of 25 and 64, you should be offered a regular cervical smear test. One in four patients don't attend their cervical screening test.

Why are cervical screenings important?

Cervical cancer is the most common form of cancer in women under 35 with two women per day, in the UK, dying from the disease. Regular cervical screening appointments can prevent up to 75% of instances of cervical cancer, saving 5,000 lives per year.

A cervical smear test checks for abnormal cell changes in the cervix. Cervical cell changes are common, and often improve naturally. Abnormal cell changes in the cervix do not present with any symptoms. You will not know if you have them unless you have cervical screening. Sometimes these changes need treatment because there is a risk they may develop into cancer. The aim is to find the small number of people who need treatment to prevent cancer.

Cervical screening is important to have, even if you have had the HPV vaccination. The vaccination protects against the most common types of high-risk HPV which cause cervical cancers. It does not protect against all types.

Who is eligible for cervical screening?

Cervical screening invitations are sent to eligible women and people with a cervix who are registered with a GP six months before their 25th birthday. Screening invitations are then sent every three years up to the age of 49. People aged 50 to 64 will receive invitations every five years.

Should I be worried about cervical screening?

You do not need to prepare in any way for a smear test. You may find it helpful to wear loose and comfortable clothing that you can remove easily. While it is not very comfortable, the procedure will usually take five to ten minutes to complete.

If you are anxious about your screening, there are different ways to help minimise those feelings:

  • focus on your in-breath and your out-breath.
  • focus on five things you can see, four things you can hear, three things you can feel, two things you can smell and one thing you can taste.
  • relax your body bit by bit. Focus on relaxing the muscles in your face, arms, legs and back.
  • listen to music.
  • think positively that you are taking care of yourself and your health

For further information regarding cervical screening, you can contact Jo's Cervical Cancer Trust or read about it further via the NHS’s website.

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