Categories
Inheritance Disputes

Inheritance Disputes

Inheritance Disputes

November 2023

Inheritance Disputes are in the news.  Besides the regular reports of cases that have gone to trial that appear in newspapers there have recently been three television programmes about Inheritance Disputes. The first was called “The Sixth Commandment”. This was a crime drama that appeared on television in July this year and was based on a real-life crime committed by Ben Field – who murdered two people and then tried to benefit under their Will.  Incidentally the Sixth Commandment is “Thou shalt not kill”.

The second programme to appear on television was called “The Inheritance” and was a fictional drama about an individual trying to benefit under the Wills of people he had killed. 

The third programme appeared on Channel 5 called “Inheritance Wars – who gets the money”.  These programmes simply reflect the modern interest in disputes about who gets what after someone has passed away.

Lots of lawyers advertise for work under the banner in “unfairly left out of a Will”.  We have to end that myth.  The law is crystal clear.  Just because someone has been unfairly left out of a Will it does not mean that they are entitled to make a claim – in England and Wales (unlike much of Europe) our citizens are subject to, what is known as, “testamentary freedom”.   This means that people can generally leave whatever they want to whoever they want.  In a recent case it was said that “the freedom of testation allowed by English law means that people can make a valid Will even if they are old or infirm or in receipt of help from whom they wish to benefit and even if the terms of the Will are hurtful, ungrateful or unfair to those whose legitimate expectations of testamentary benefit are disappointed”.  This is a profound starting point.  A Will cannot be challenged just because it is unfair.

 

So why are there so many inheritance disputes?

Inheritance Disputes can typically arise in one of three ways.

  • The Will is not a valid document – it doesn’t comply with the technical requirements of the Wills Act 1837 – for example for a Will to be valid there needs to be two witnesses.
  • The Will is invalid for some other reason – for example the person making it did not have “testamentary capacity” or was subject to undue influence.
  • A claim for reasonable provision can be made under the Inheritance (Provision for Family & Dependants) Act 1975

A claim for “reasonable financial provision” can only be made by particular classes of individuals for example a husband or wife, a civil partner, a child (even an adult child) or someone who is dependant on the person who died.  This means that, for example, a friend or neighbour could not generally make a claim even if they had been led to believe that they would be left something in a Will.

So, if, like an increasing number of people in this country you find yourself involved in an Inheritance Dispute – either as a claimant or as a defendant then we are here to help. 

We can get it sorted

It’s what we do. 

Call us.  It’s free to ask.

 

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Categories
Occupier Liability

What is the Difference Between Public and Occupiers’ Liability?

November 2023

Public and occupiers’ liability deal with a property owner’s responsibilities regarding the safety of people who enter their premises. Although they are similar in nature, they are not the same. In this article, we explain how the two concepts differ.

What is public liability?

Public liability concerns liability in situations where a person suffers an injury in a park, recreation facility, or police station. In these types of cases, the Defendant is typically the relevant local authority as the land or premises is ‘public’ property.

The duty of care in public liability cases is generally lower than in occupiers’ liability matters. Local authorities are expected to take reasonable steps to prevent foreseeable harm to visitors but are not responsible for all possible hazards. In Bolton v Stone 1951 A.C. 850, the House of Lords considered the degree of care to passers-by that should be attributed to a property owner who allowed cricket games to be played on their land.

When considering whether an action and injury was foreseeable, Lord Porter stated:

“It is not enough that the event should be such as can reasonably be foreseen; The further result that injury is likely to follow must also be such as a reasonable man would contemplate, before he can be convicted of actionable negligence. Nor is the remote possibility of injury occurring enough; there must be sufficient probability to lead a reasonable man to anticipate it. The existence of some risk is an ordinary incident of life, even when all due care has been, as it must be, taken. “.

In Lewis v Wandsworth Borough Council [2020] EWHC 3205 (QB), Mr Justice Steward summarised the important points in Bolton as:

  • Just because an accident was reasonably foreseeable, liability does not automatically follow.
  • The Court must consider the chances of an accident happening, the potential seriousness of an accident, and the measures which could be taken to minimise or avoid an accident occurring.
  • The decision in Bolton does not conclude that anyone who hits a cricket ball out of the grounds or over a boundary escapes liability. The Court must examine all the facts.
  • In appeal cases, the Court should apply Lord Porter’s test as set out above.
What is occupiers’ liability?

Occupiers’ liability focuses on the duty of care an occupier (someone in control of the property) owes to those who enter their premises, including both invited and uninvited visitors. It primarily deals with accidents and injuries that occur on the property that is under the control of the occupier, such as their home, business, or land.

The Occupiers’ Liability Act (OLA) 1957 and the OLA 1984 governs the duty of care that occupiers owe to people who enter their premises.

The OLA 1957 primarily deals with the liability of occupiers concerning visitors to their premises and outlines the duty of care that an occupier owes to lawful and unlawful visitors. The OLA 1957 provides that an occupier must take reasonable care to ensure that the premises are safe, which may include warning about known hazards. In the case of unlawful visitors, i.e., trespassers, the occupier must avoid wilful or reckless injury.

Complimenting the OLA 1957 is the OLA 1984 which addresses the duty of care owed to people who enter premises for recreational purposes. Under 1984 Act, a person who allows others to enter their land or property for recreational activities, such as hiking or picnicking, is generally not responsible for injuries suffered by recreational users. However, there are exceptions, such as if the injury is caused by a hidden danger, the occupier charged a fee for entry, or the occupier intentionally caused harm.

Occupiers are expected to take reasonable care to ensure their premises are safe for all lawful visitors, which may involve conducting regular inspections, maintaining the property, and warning of any known hazards.

This is illustrated in the recent case of Ashton v The City of Liverpool Young Men’s Christian Association [2023] EWHC 707 (KB), 2023 WL 03437939.

The Claimant, A, was spotted hanging from her fingertips from a windowsill on the fourth floor of the Liverpool YMCA. She subsequently fell and landed on the first floor ledge of the building, sustaining serious injuries.

The Defendant, who was the occupier of the building argued that A deliberately exited the fourth floor window of the room which she occupied in an impulsive attempt to kill herself, before having a rapid change of mind.

A stated that she fell from the window when trying to retrieve washing which had been drying and that the opening of which was not restricted, One of the issues the Court had to decide on was whether the Defendant had breached its duty of care under the OLA 1957.

After examining the evidence, the Court concluded that the Defendant had breached the OLA 1957 by failing to ensure that the windows were appropriately restricted and not capable of being easily opened by vulnerable visitors and short term residents.

What should I do if I am unsure whether I have a claim?

The most crucial step to take if you suffer a personal injury because of negligence is to talk to an experienced Personal Injury Solicitor. They can swiftly tell you whether your claim should be brought against a local authority or the owner of a private premises. If they believe your claim has a reasonable chance of success, they may represent you on a no win, no fee basis. Time is of the essence when it comes to personal injury claims as the Limitation Act 1980 states that a claim must be brought within three years of the injury occurring.

Our team has decades of combined experience in successfully advising and representing clients in complex public and occupiers’ liability cases. We are sympathetic and understanding and are here to help you every step of the way.

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