Author: mcpicadofelipe

Spinal Injury Claims – What You Need to Know

Post author By mcpicadofelipe
Post date 23 May 2024

mcpicadofelipe

May 23, 2024

It is estimated that 35 people every week – around one person every four hours – suffer a spinal cord injury (SCI). The most common cause of spinal injuries is trauma, including road traffic accidents, workplace accidents, and falls. Importantly, many of these injuries are preventable and occur wholly or partly due to the actions of others.

The effects of a spinal injury depend on its severity. However, in many cases, the consequences are life-changing, affecting mobility, independence, and quality of life.

In this article, we explain what a spinal injury is, how to make a spinal injury claim, and what compensation you may be entitled to receive.

What Is a Spinal Injury?

A spinal injury occurs when the spinal cord or the bones of the spine sustain damage. If the spinal cord is injured, it can disrupt communication between the brain and the body. As a result, paralysis and loss of sensation may occur.

The severity of a spinal cord injury varies. For some people, it leads to complete paralysis. For others, it causes partial paralysis or limited movement.

In addition, serious spinal injuries can arise from damage to the bones of the spine alone. Even when the spinal cord remains intact, these injuries can still have a significant and lasting impact on everyday life.

How Much Compensation Can I Claim for a Spinal Injury?

Every spinal injury claim is different, as no two injuries or circumstances are the same. For this reason, compensation amounts can vary significantly. However, spinal injury compensation may include:

Pain and suffering caused by the injury
Rehabilitation and ongoing medical treatment
Current and future loss of earnings
Care and support needs, both now and in the future
Home adaptations to improve accessibility
Specialist equipment and mobility aids

At NJS Law, our specialist spinal injury solicitors will carefully assess your case and accurately calculate the compensation you need to support your recovery and future quality of life.

How We Can Help With Your Spinal Injury Claim

If you or a loved one has suffered a spinal injury due to someone else’s negligence, you may be entitled to make a spinal injury claim.

By taking action, you may access early rehabilitation, financial support, and the compensation required to adjust to the impact your injury has had on your life. Crucially, timely management, specialist care, and rehabilitation play a vital role in restoring function and reducing long-term disability.

At Nicholson Jones Sutton Solicitors, we understand this urgency. Therefore, we work proactively from the earliest stages of your claim to secure the support you need.

Furthermore, if the organisation responsible admits liability early, we will seek interim compensation payments. These payments can ease financial pressure while your claim progresses.

How Long Do I Have to Make a Spinal Injury Claim?

In most cases, you have three years from the date of your spinal injury to start a claim. However, there are exceptions, particularly in cases involving children or protected parties.

That said, starting a claim as soon as possible is always advisable. Early action allows rehabilitation and financial assistance to begin sooner and makes it easier to gather evidence, such as witness statements and medical records.

Why Choose NJS Law?

At NJS Law, our specialist spinal injury team focuses on the individual. We recognise that every spinal injury claim is unique, which is why we provide a supportive, personalised service tailored to your needs and objectives.

Ultimately, our goal is to secure the compensation you need and deserve, ensuring the best possible quality of life both now and in the future.

Hayley Yates

Solicitor

CONTACT US

Get in touch using the form below or via the following methods:

Ask NJS

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags Serious Injury

Women’s Health Negligence

Delayed Diagnosis of Breast Cancer and Medical Negligence

Post author By mcpicadofelipe
Post date 14 May 2024

mcpicadofelipe

May 14, 2024

A recent article highlighted how a failure to diagnose breast cancer at an early stage allowed the disease to progress significantly before detection. Sadly, diagnostic delays of this nature can leave patients facing life-changing consequences. In many cases, earlier identification could have improved treatment options and outcomes.

This article explores breast cancer in the UK, explains why early diagnosis is vital, and outlines when a delayed diagnosis may amount to medical negligence.

Breast Cancer in the UK

Breast cancer remains the most common cancer diagnosed in the UK. On average, clinicians diagnose around 150 new cases every day. While the condition affects women of all ages, statistics show that approximately 18% of diagnoses occur in women under 50, with the remaining 82% affecting women aged 50 and over.

Because breast cancer is so prevalent, early detection plays a crucial role in improving survival rates and reducing the need for aggressive treatment.

What Is Breast Cancer?

Breast cancer develops when abnormal cells in the breast divide uncontrollably. If left untreated, these cells can spread to other parts of the body through the lymphatic system or bloodstream. This spread is known as secondary or metastatic breast cancer and is more difficult to treat.

Common Symptoms of Breast Cancer

Symptoms can vary between individuals. However, the NHS identifies several key warning signs, including:

A lump or swelling in the breast, chest, or armpit
Changes to the skin of the breast, such as redness or dimpling
A change in the size or shape of one or both breasts
Nipple discharge or changes to the nipple’s appearance
Persistent pain in the breast or armpit

Although these symptoms do not always indicate cancer, they should always be investigated promptly.

Why Early Diagnosis Matters

Early diagnosis significantly improves outcomes for breast cancer patients. When detected early, cancer is less likely to have spread, and treatment is often more effective and less invasive.

Given that a large proportion of breast cancer diagnoses occur in women over 50, the NHS Breast Screening Programme plays a vital role. The programme routinely invites women aged 50 and over for mammogram screening. In addition, NHS England encourages all women to remain breast aware by following the TLC method:

Touch – feel for anything new or unusual
Look – notice any visible changes
Check – contact your GP if you identify concerns

By acting quickly, women can reduce the risk of delayed diagnosis and advanced disease.

Breast Cancer Treatment Options

Treatment varies depending on the type of breast cancer and the stage at diagnosis. Clinicians tailor treatment plans to each patient’s needs. Options may include:

Mastectomy (removal of the breast)
Breast-conserving surgery, such as lump removal
Chemotherapy
Radiotherapy
Medication, including hormone therapy

Importantly, earlier diagnosis often allows for less aggressive treatment and better long-term outcomes.

When a Delayed Diagnosis May Be Medical Negligence

In some circumstances, a delayed diagnosis of breast cancer may amount to medical negligence. This can occur where healthcare professionals fail to investigate symptoms, delay referrals, misinterpret test results, or do not follow appropriate screening or diagnostic guidelines.

If you believe negligence caused or contributed to a delayed diagnosis, it is important to seek legal advice as soon as possible. A specialist medical negligence solicitor can assess your care, gather evidence, and advise whether you may be entitled to compensation.

Legal Support for Breast Cancer Negligence Claims

Living with breast cancer, particularly at an advanced stage, can affect every aspect of life. It may impact your health, employment, finances, and family relationships. Pursuing a negligence claim can help secure compensation to support treatment, rehabilitation, and financial stability.

Our team has decades of combined experience advising and representing clients in gynaecological and breast cancer negligence claims. We approach every case with sensitivity, professionalism, and determination.

If you would like to discuss your situation, please contact us to arrange a free, no-obligation consultation. We are available by phone or email and are here to help.

CONTACT US

Get in touch using the form below or via the following methods:

Ask NJS

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags women's health negligence

Housing Disrepair

Injury For Housing Disrepair

Post author By mcpicadofelipe
Post date 3 May 2024

Tags council house disrepair, damp and mould disrepair claims, heath deterioration for disrepair, housing association disrepair, Housing Disrepair, housing disrepair claims, social housing disrepair

Medical Negligence

Surgical Errors and Medical Negligence Claims

Post author By mcpicadofelipe
Post date 25 April 2024

mcpicadofelipe

April 25, 2024

When a surgical error occurs, the consequences can be devastating. In the most serious cases, surgical negligence can lead to permanent injury or even death. One of the most well-known examples occurred in January 2000 at Prince Philip Hospital in Llanelli, where a surgeon mistakenly removed a patient’s healthy kidney instead of the diseased one.

More recently, NHS data shows that between April 2015 and September 2023, preventable surgical errors continued to occur. These incidents include wrong-site surgery, surgical instruments left inside patients, and operations performed on the wrong patient or body part. Reported cases include a child’s eyes being mistakenly stitched and a two-year-old left with surgical clips inside her chest following heart surgery.

Although all surgery carries some degree of risk, patients are entitled to safe treatment and clear information about potential complications. While some adverse outcomes are unavoidable, others may arise because of a surgical error and could amount to medical negligence.

Common Types of Surgical Errors

Excessive Bleeding and Bile Leaks

Bleeding during surgery can be a recognised risk. However, if excessive bleeding occurs because a surgeon damaged a major blood vessel, this may indicate negligence. A competent surgeon is expected to understand anatomy and use appropriate techniques to avoid such injury.

Similarly, bile leaks are a known risk of gallbladder surgery. Even so, surgeons must carefully inspect the surgical area before closing the wound. Failure to identify and address bleeding or bile leaks during surgery can result in serious complications and may constitute a breach of duty.

Damage to Internal Organs

Damage to internal organs can occur during abdominal surgery, including procedures such as hysterectomies or hernia repairs. Injuries to organs like the bladder or urethra should be identified and repaired before the operation ends. If such injuries are only discovered after surgery, this may indicate negligent care.

In hernia repair cases, an early recurrence of the hernia may also raise concerns about whether the initial surgery was performed to an acceptable standard.

Surgical Equipment or Swabs Left Inside the Body

Strict counting procedures must be followed during surgery to ensure that all equipment and swabs are accounted for. Leaving any object inside a patient’s body is considered a serious breach of duty and can lead to infection, pain, and further surgery. These incidents are often classified as “Never Events”.

Prosthesis Errors

During procedures such as hip replacement surgery, surgeons must select prostheses that are the correct size and properly positioned. Using incompatible components or placing a prosthesis incorrectly can result in pain, instability, and the need for revision surgery. In many cases, this may amount to negligence.

Incorrect Surgical Technique

Choosing the wrong surgical approach can also lead to negligent outcomes. For example, attempting keyhole surgery in a patient with extensive adhesions may increase the risk of complications due to poor visibility. If bleeding or organ damage occurs and is not identified during the operation, this may indicate a failure to meet the required standard of care.

Unnecessary Surgery

Misdiagnosis can sometimes result in patients undergoing unnecessary surgery. If a procedure was not clinically required and caused harm, this may form the basis of a medical negligence claim.

In some cases, post-operative complications such as internal bleeding require emergency corrective surgery. This can lead to additional scarring, prolonged recovery, and further trauma. Surgeons also have a duty of candour, meaning they must inform patients when errors occur and explain what went wrong.

If you have experienced complications following surgery, it is important to seek legal advice to determine whether those complications resulted from a surgical error.

What Is Required to Succeed With a Surgical Negligence Claim?

To pursue compensation for a surgical error, two key elements must be proven: breach of duty and causation.

First, it must be shown that the surgeon’s care fell below the standard expected of a reasonably competent surgeon. Importantly, trainee surgeons are held to the same standard as experienced consultants.

Second, you must establish that the breach of duty caused your injury. This requires a clear link between the negligent act or omission and the harm suffered.

To assess this, solicitors usually obtain a medical report from an independent expert surgeon working in the same specialty. This report addresses both breach of duty and causation.

What Compensation Can You Claim?

If you have suffered harm due to a surgical error, you may be entitled to compensation for pain, suffering, and loss of amenity. You can also claim for the cost of further medical treatment, including private surgery if required.

Where additional surgery has caused significant scarring, compensation may include the cost of cosmetic or plastic surgery. Claims can also cover financial losses such as loss of earnings, travel expenses, and care costs.

Your solicitor will advise you on all available heads of loss based on your individual circumstances.

Claims Following Death Caused by Surgical Errors

If a loved one has died due to a surgical error, the estate may bring a claim under the Law Reform (Miscellaneous Provisions) Act 1934. This allows recovery for the pain and suffering experienced before death, as well as expenses incurred.

In addition, dependants may bring a claim under the Fatal Accidents Act for loss of financial support, services, and, in some cases, a bereavement award. Eligible claimants may include spouses, long-term partners, and dependent children.

Time Limits for Surgical Negligence Claims

Most clinical negligence claims are subject to a three-year limitation period. This usually runs from the date of surgery or from the date you became aware that your injury was caused by negligence.

Importantly, making a complaint to PALS or the Ombudsman does not stop the limitation clock. If court proceedings are not issued within the three-year period, the claim may be barred.

In limited circumstances, the court may exercise discretion under section 33 of the Limitation Act to allow a claim to proceed out of time. A solicitor can advise whether this may apply to your case.

Who Is the Defendant in a Surgical Error Claim?

For NHS treatment, the defendant is usually the NHS Trust responsible for the hospital. For private surgery, the claim may be against the surgeon personally or the private hospital provider.

Where the NHS arranges treatment at a private hospital, the NHS may still retain liability for any negligent care provided.

How We Can Help

If you have suffered an injury due to a surgical error, or if a family member has died as a result of negligent surgery, our experienced Medical Negligence Solicitors can advise you on whether you have a claim.

We offer free, no-obligation initial advice and will guide you through every stage of the process with care and clarity.

To discuss your situation, please contact us by phone or email to arrange a confidential consultation.

CONTACT US

Get in touch using the form below or via the following methods:

Ask NJS Law

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags clinical negligence, Medical Negligence

Executor Disputes

What Occurs When An Executor Does Not Follow The Will?

Post author By mcpicadofelipe
Post date 25 April 2024

mcpicadofelipe

April 25, 2024

An executor is the person appointed by a testator (the person who made the will) to carry out their wishes after death. This role is vital to the administration of an estate and comes with clear legal responsibilities.

However, when an executor does not follow the instructions set out in a will, it can lead to delays, disputes, and legal action. Below, we explain what happens if an executor fails to follow a will in the UK and what beneficiaries can do to protect their interests.

What Is an Executor's Legal Duty?

Executors owe a fiduciary duty to the estate and its beneficiaries. This means they must:

Act in accordance with the will
Act honestly and impartially
Protect estate assets
Distribute the estate correctly and without unnecessary delay

If an executor fails to meet these obligations, they may be in breach of their duties.

Breach of Duty by an Executor

An executor may be considered in breach of duty if they:

Ignore or act contrary to the terms of the will
Delay administering the estate without good reason
Mismanage estate assets
Put their own interests ahead of the beneficiaries

A breach of duty can result in serious legal consequences.

Legal Consequences for Executors Who Do Not Follow a Will

Executors who fail to follow a will may be held personally liable for any losses caused to the estate or beneficiaries. The court has the power to:

Order the executor to repay money or return assets
Remove the executor from their role
Appoint a replacement executor
Impose financial penalties

These consequences are designed to ensure estates are administered fairly and lawfully.

Can Beneficiaries Challenge an Executor

Yes. Beneficiaries and other interested parties have the right to challenge an executor’s actions if they believe the will is not being followed.

This may involve applying to the court to:

Compel the executor to carry out their duties
Demand disclosure of estate accounts
Remove or replace the executor

Acting early can help prevent further loss or delay.

Executor Accountability and Estate Accounts

Executors are required to keep clear and accurate records of how the estate is managed. This includes:

Financial transactions
Decisions made during administration
Distribution of assets

If concerns arise, beneficiaries can request a full executor’s account to ensure transparency and accountability.

When Should You Seek Legal Advice?

If you believe an executor is not following the will or is acting improperly, it is advisable to seek legal advice from a solicitor experienced in probate and inheritance disputes.

A specialist solicitor can:

Assess whether the executor has breached their duties
Explain your legal rights
Take action to protect your inheritance

How We Can Help

Our team has extensive experience dealing with inheritance disputes and executor misconduct.

We are sympathetic, understanding, and here to support you every step of the way.

We can get it sorted.

It’s what we do.

Call us today – it’s free to ask.

CONTACT US TODAY

Use our contact form to message us below, or alternatively if you feel more comfortable, you can call us on

Ask NJS

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags Contentious Probate, contesting a will, defending inheritance disputes, inheritance disputes

Will Disputes

What Is The Best Way To Resolve A Will Dispute?

Post author By mcpicadofelipe
Post date 25 April 2024

mcpicadofelipe

April 25, 2024

A dispute over a loved one’s will can be both emotionally distressing and legally complex. However, by understanding the available options, you can approach the situation with greater clarity and confidence. Importantly, several routes exist to resolve a will dispute without unnecessary conflict.

Below, we explain the most effective ways to resolve inheritance disputes and contested wills.

Start With Open Communication

In many cases, will disputes arise from misunderstandings or poor communication between executors and beneficiaries. Therefore, the first step should always involve open and honest discussion.

By talking through concerns calmly, parties can often clarify intentions, address misconceptions, and identify common ground. As a result, some disputes resolve quickly without formal legal intervention.

Consider Mediation

If direct discussions prove difficult, mediation is often a highly effective next step. Mediation provides a structured and confidential setting in which an independent mediator helps parties communicate more productively.

Crucially, mediation allows everyone to remain in control of the outcome. Moreover, it can preserve family relationships while avoiding the stress, cost, and delay of court proceedings.

Seek Specialist Legal Advice

At an early stage, it is essential to obtain advice from a solicitor experienced in contested wills and inheritance disputes. A specialist solicitor can:

Assess the strength of your claim
Explain your legal rights and options
Advise on the most appropriate resolution strategy

With clear legal guidance, you can make informed decisions and avoid unnecessary risks.

Use Negotiation to Reach a Settlement

In addition to mediation, negotiation can play a key role in resolving a will dispute. Through structured discussions, parties can work towards a compromise that addresses everyone’s main concerns.

Often, negotiated settlements lead to faster and more cost-effective outcomes. Furthermore, they reduce the adversarial nature of formal litigation.

Court Proceedings as a Last Resort

Sometimes, alternative methods are not suitable or have been exhausted. In these situations, court proceedings may be unavoidable.

Taking a will dispute to court involves issuing a formal claim and presenting evidence to support your position. Although litigation can be time-consuming and expensive, it may be necessary in complex or highly contentious cases.

Think About the Long-Term Impact

When choosing how to resolve a will dispute, it is important to consider the wider consequences. Legal costs, emotional strain, and the effect on family relationships should all factor into your decision.

Where possible, aiming for a fair and cooperative solution can minimise long-term damage and help preserve important relationships.

Get Expert Help With Your Inheritance Dispute

Every will dispute is different. Ultimately, the best approach depends on the specific circumstances and the wishes of those involved. By acting with patience, empathy, and a willingness to find common ground, many disputes can be resolved successfully.

Our team has extensive experience handling inheritance disputes and contested wills. We are sympathetic, understanding, and committed to supporting you at every stage.

CONTACT US TODAY

Use our contact form to message us below, or alternatively if you feel more comfortable, you can call us on

Ask NJS

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags Contentious Probate, contesting a will, defending inheritance disputes, inheritance disputes

Executor Disputes

Can I Remove An Executor Of A Will?

Post author By mcpicadofelipe
Post date 24 April 2024

mcpicadofelipe

April 24, 2024

Many people accept the role of executor without fully understanding the legal responsibility, time commitment, and emotional strain involved. Unfortunately, probate disputes often arise when an executor fails to act promptly or transparently.

If an executor has a conflict of interest, delays probate, or withholds information about estate assets, you may have grounds to seek their removal. this article explains when and how an executor can be removed in the UK, and what the courts consider when making that decision.

Why Probate Disputes Involving Executors Arise

Disputes commonly occur when an executor:

Fails to progress probate within a reasonable timeframe
Has a conflict of interest
Mismanages or misappropriates estate funds
Conceals or fails to account for estate assets

In serious cases, beneficiaries may have no option but to apply to the court to remove the executor.

Is Removing an Executor Difficult?

Yes. Removing an executor (also known as a personal representative) can be legally and emotionally challenging. Executors are often close friends or family members chosen by the deceased, and the court will not interfere lightly with that decision.

For this reason, expert legal advice is essential. An experienced probate solicitor will assess:

Whether there are valid legal grounds for removal
The likely financial and emotional costs
Whether alternative dispute resolution, such as mediation, is appropriate

Litigation is usually a last resort and will only be pursued where necessary.

Common Grounds for Removing an Executor

Executors are most commonly removed for the following reasons:

Failure to Properly Administer the Estate

This includes unreasonable delays in obtaining probate, failing to distribute assets, or misusing estate funds.

Conflict of Interest

A conflict of interest does not automatically justify removal. In Re Estate of McDonald (Deceased) [2022] EWHC 2405 (Ch), the court confirmed that a conflict arising from the testator’s own decisions may not be sufficient. However, the executor was removed due to special circumstances under section 116 of the Senior Courts Act 1981.

Lack of Capacity

An executor may be removed if they lack the mental or physical capacity to perform their duties.

Failure to Protect Estate Assets

If estate assets are not safeguarded and this results in a loss of value, removal may be justified.

Can an Executor Be Removed Due to Conflict with Beneficiaries?

Personal animosity alone is not usually enough to remove an executor. However, where relationships have completely broken down and the administration of the estate is affected, the court may intervene.

In Harris v Earwicker [2015] EWHC 1915 (Ch), the court ordered the removal of one executor due to a total breakdown in relations with the beneficiaries, which made proper administration impossible.

What Powers Do the Courts Have to Remove an Executor

The court can only remove an executor under statutory powers. The most relevant provisions are:

Section 50 of the Administration of Justice Act 1985

Allows the court to remove or substitute an executor before or after probate. Applications can be made by executors or beneficiaries.

Section 1 of the Judicial Trustees Act 1896

Rarely used, this allows the court to appoint a Judicial Trustee to administer the estate under court supervision.

What Does the Court Consider When Deciding?

The court’s primary concern is the welfare of the beneficiaries. However, it must also represent the testator’s choice of executor.

In Letterstedt v Broers [1884], the court confirmed that removal is justified only where there is evidence of:

Dishonesty
Negligence
Lack of capacity
Failure to act with reasonable fidelity

Executors will only be removed where the circumstances are serious.

Concluding Comments

Removing an executor is never straightforward. Testamentary freedom allows a person to choose who administers their estate, and the courts are cautious about interfering with that choice.

If you believe an executor should be removed, it is crucial to seek advice from a law firm with experience in contentious probate and inheritance disputes. This ensures your interests are protected and that any decision is made with a full understanding of the risks and benefits.

How We Can Help

If you are a beneficiary and believe an executor should be removed, speak to our Contentious Probate team. We will provide clear, honest advice on your options and your prospects of success.

We can usually act on a No Win, No Fee basis.

We can get it sorted.

It’s what we do.

Call us today – it’s free to ask.

**At the time of writing The Rt. Hon. Lord Justice Newey, is a Lord Justice of Appeal.

CONTACT US TODAY

Use our contact form to message us below, or alternatively if you feel more comfortable, you can call us on

Ask NJS Law

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags Contentious Probate, contesting a will, defending inheritance disputes, inheritance disputes

Contentious Probate

My Father Left Me Out Of His Will – How Can I Fight This?

Post author By mcpicadofelipe
Post date 23 April 2024

mcpicadofelipe

April 23, 2024

Discovering that you have been excluded from a loved one’s will can be upsetting and confusing. You may feel shocked, hurt, or uncertain about what steps you can take next. While you cannot challenge a will simply because it feels unfair, there are legal options available in certain circumstances.

This guide explains when you may be able to challenge a will, alternative claims you might bring against an estate, and how to protect your position during what can be a very difficult time.

Can You Challenge a Will If You Have Been Left Out?

Being excluded from a will does not automatically mean you have the right to challenge it. To contest a will, there must be legally recognised grounds.

Understanding Your Legal Rights

You cannot challenge your father’s will solely because you believe you were treated unfairly or expected to inherit. The court will only consider a challenge if there is evidence that the will itself is invalid or that the law has not been properly followed.

Grounds for Challenging the Validity of a Will

There are several recognised grounds on which a will may be challenged.

Lack of Testamentary Capacity

A will may be invalid if the deceased did not have the mental capacity to understand:

The nature of making a will
The extent of their estate
Who they should reasonably consider benefitting

This often arises where the deceased was suffering from dementia or another cognitive impairment.

Undue Influence

A will may be challenged if someone pressured, coerced, or manipulated the deceased into making a will that did not reflect their true wishes.

Lack of Knowledge and Approval

If the deceased did not understand or approve the contents of the will, or if it does not reflect their genuine intentions, there may be grounds for a challenge.

Failure to Follow Legal Formalities

A will must comply with strict legal requirements to be valid. If it was not properly signed or witnessed, it may be invalid.

If you have concerns about how a will was prepared, or believe it does not reflect what the deceased truly wanted, you may have grounds to challenge it.

Other Claims You May Be Able to Make Against an Estate

Even if a will is legally valid, you may still be able to bring a claim

Claims Under the Inheritance Act 1975

If you were not left reasonable financial provision, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

This applies only to certain categories of people, including:

Spouses and civil partners
Children (including adult children and those treated as a child of the deceased)
Individuals who were financially dependent on the deceased

These claims are based on financial need, not entitlement, and strict time limits apply.

The Importance of Seeking Legal Advice

Contesting a will or bringing a claim against an estate can be legally complex and emotionally demanding.

Why Specialist Advice Matters

A solicitor specialising in contentious probate can:

Assess whether you have a valid claim
Explain your prospects of success
Advise on evidence and time limits
Protect your position from an early stage

Early legal advice is often critical.

Resolving Will Disputes Without Going to Court

Not all inheritance disputes need to be resolved through litigtion.

Considering Mediation

Mediation can be a faster and more cost-effective way to resolve disputes. It allows all parties to discuss their concerns with the help of an independent mediator and may preserve family relationships where possible.

When Court Proceedings May Be Necessary

If mediation is unsuccessful or not appropriate, court proceedings may be required.

Preparing for a Court Claim

Court claims can be lengthy and stressful. It is important to have realistic expectations, strong legal representation, and a clear understanding of the risks involved.

Communicating With Executors and Beneficiaries

Maintaining respectful communication with executors and other beneficiaries can sometimes help resolve disputes more quickly.

Protecting Your Interests

Before agreeing to any settlement or informal agreement, always seek legal advice to ensure your rights are protected.

We Can Help With Contentious Probate Claims

Challenging a will or making a claim against an estate can place enormous emotional strain on individuals and families. You do not have to go through it alone.

Our team has extensive experience handling contentious probate and disputed wills, providing clear advice and practical solutions.

We can get it sorted.

It’s what we do.

Call us – it’s free to ask

CONTACT US TODAY

Use our contact form to message us below, or alternatively if you feel more comfortable, you can call us on

Ask NJS Law

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags Contentious Probate, contesting a will, defending inheritance disputes, inheritance disputes

Contesting A Will

Who Can Inherit If Someone Dies Without A Will? – The Rules Of Intestacy

Post author By mcpicadofelipe
Post date 22 April 2024

mcpicadofelipe

April 22, 2024

When someone died without a will, their estate is distributed according to the rules of intestacy. These rules decide who inherits and how much they receive. Understanding them is essential, as they do not always reflect your wishes.

Below is a clear breakdown of who stands to inherit under the laws of intestacy in England and Wales.

Spouse or Civil Partner

If you are married or in a civil partnership and do not have children, your spouse or civil partner will inherit your entire estate under the rules of intestacy.

However, if you are divorced or your civil partnership has been legally dissolved, your former spouse or civil partner will not inherit.

If You Have a Spouse or Civil Partner and Children

The position changes if you leave behind both a spouse or civil partner and children:

If your estate is worth £322,000 or less, your spouse or civil partner inherits everything.
If your estate is worth more than £322,000, you spouse or civil partner receives:
– The first £322,000
– All personal possessions
– 50 % of the remaining estate

The remaining 50% is divided equally between your children.

Children

If you do not have a spouse or civil partner, your estate will be divided equally between your children.

If a child has died before you, their share will usually pass to their children (your grandchildren).

Other Relatives

If you have no spouse, civil partner, or children, your estate may pass to other blood relatives. This can include:

Parents
Siblings
Nieces and nephews

The exact order of inheritance depends on which relatives are alive at the time of death.

Unmarried Partners

Unmarried partners do not automatically inherit under the rules of intestacy, regardless of how long the relationship lasted.

As a result, this can cause serious financial and legal complications. For unmarried couples, making a will is essential to protect your partner.

Stepchildren and Foster Children

Stepchildren and foster children do not have an automatic right to inherit under the intestacy rules.

If you want them to receive a share of your estate, you must clarify this in a valid will.

The Limitations of Intestacy Rules

While the rules of intestacy provide a framework, they are often inflexible. They may not reflect modern family structures or personal wishes.

As a result, disputes are common.

Intestacy Disputes and Legal Support

Disputes arising from intestacy can be complex, particularly when multiple parties are involved. For this reason, seeking advice from a qualified probate solicitor is highly recommended.

A solicitor can:

Advise whether you have a potential claim against an estate
Assess the strengths and weaknesses of your case
Guide you through negotiations or court proceedings
Help gather the evidence needed to support your claim

Experienced Contentious Probate Solicitors

Our team has extensive experience dealing with contentious probate and intestacy disputes. We protect your position and work towards a clear resolution.

We can get it sorted.

It’s what we do.

Call us today – it’s free to ask.

CONTACT US TODAY

Use our contact form to message us below, or alternatively if you feel more comfortable, you can call us on

Ask NJS Law

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags Contentious Probate, contesting a will, defending inheritance disputes, inheritance disputes

mcpicadofelipe

What Is a Spinal Injury?

How Much Compensation Can I Claim for a Spinal Injury?

How We Can Help With Your Spinal Injury Claim

How Long Do I Have to Make a Spinal Injury Claim?

Why Choose NJS Law?

Hayley Yates

Solicitor

CONTACT US

Ask NJS

FAQ

mcpicadofelipe

Breast Cancer in the UK

What Is Breast Cancer?

Common Symptoms of Breast Cancer

Why Early Diagnosis Matters

Breast Cancer Treatment Options

When a Delayed Diagnosis May Be Medical Negligence

Legal Support for Breast Cancer Negligence Claims

CONTACT US

Ask NJS

FAQ

mcpicadofelipe

The Scale of the Housing Disrepair Problem

How Housing Disrepair Impacts Health and Wellbeing

Landlords’ Legal Responsibilities

What to Do If Housing Disrepair Has Caused an Injury

1. Document the Disrepair

2. Notify Your Landlord

3. Seek Legal Advice

Taking the Next Step

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM FOR REPAIRS AND COMPENSATION

Average Compensation - £1,895

We work on a NO WIN NO FEE basis to get your home put right and to get you compensated!

Ask NJS Law

FAQ

mcpicadofelipe

Common Types of Surgical Errors

Excessive Bleeding and Bile Leaks

Damage to Internal Organs

Surgical Equipment or Swabs Left Inside the Body

Prosthesis Errors

Incorrect Surgical Technique

Unnecessary Surgery

What Is Required to Succeed With a Surgical Negligence Claim?

What Compensation Can You Claim?

Claims Following Death Caused by Surgical Errors

Time Limits for Surgical Negligence Claims

Who Is the Defendant in a Surgical Error Claim?

How We Can Help

CONTACT US

Ask NJS Law

FAQ

mcpicadofelipe

What Is an Executor's Legal Duty?

Breach of Duty by an Executor

Legal Consequences for Executors Who Do Not Follow a Will

Can Beneficiaries Challenge an Executor

Executor Accountability and Estate Accounts

When Should You Seek Legal Advice?

How We Can Help

CONTACT US TODAY

Ask NJS

FAQ

mcpicadofelipe

Start With Open Communication

Consider Mediation

Seek Specialist Legal Advice

Use Negotiation to Reach a Settlement

Court Proceedings as a Last Resort

Think About the Long-Term Impact

Get Expert Help With Your Inheritance Dispute

CONTACT US TODAY

Ask NJS

FAQ

mcpicadofelipe

Why Probate Disputes Involving Executors Arise

Is Removing an Executor Difficult?

Common Grounds for Removing an Executor

Failure to Properly Administer the Estate

We work on a NO WIN NO FEE basis
to get your home put right and to get you compensated!