Author: mcpicadofelipe

Amputation Injuries and Catastrophic Personal Injury Claims

Post author By mcpicadofelipe
Post date 26 February 2024

mcpicadofelipe

February 26, 2024

Amputations are classed as catastrophic personal injuries. However, if you have lost a limb due to an accident, it is important to know that recovery is possible and a fulfilling life remains achievable. Securing compensation after an amputation injury plays a vital role in this process, as it allows you to access the best treatment, rehabilitation, and long-term support.

In addition, an experienced Personal Injury Solicitor will work closely with the other side’s insurers to put a comprehensive and personalised rehabilitation plan in place from an early stage.

What Is an Amputation?

An amputation involves the surgical removal of a body part, such as an arm, leg, hand, foot, or finger. It is one of the oldest surgical procedures, and many people adapt remarkably well following the loss of a limb.

Although accidents and traumatic injuries commonly cause amputations, they are not the only reason. Infections such as meningitis, complications from diabetes, and certain medical conditions can also lead to limb loss.

What Happens During Amputation Surgery?

In some situations, doctors must carry out an amputation immediately to save the patient’s life. When surgery is not urgent, medical professionals will first complete a thorough assessment. They will then determine the safest and most effective level at which to perform the amputation.

If the surgery involves an arm or leg, a prosthetic limb specialist will also assess you. Furthermore, a mental health professional may offer support and help develop a post-operative care plan to address the emotional impact of limb loss.

How Is an Amputation Carried Out?

Surgeons perform amputations under a general anaesthetic or an epidural, depending on what best suits your circumstances. Before surgery, your surgeon will explain both options in detail.

During the procedure, the surgeon removes the affected limb or part of the limb. They then shorten and smooth the bone before covering it with sufficient muscle and tissue. This careful approach helps prepare the limb for future prosthetic use, in line with specialist recommendations.

After surgery, you will usually stay in hospital for several days. Although pain is expected, doctors will manage it with appropriate medication to keep you as comfortable as possible.

Can I Claim Compensation for an Amputation Injury?

If an accident caused your amputation and negligence played a role, you may be entitled to claim compensation. To succeed with an amputation personal injury claim, you must prove, on the balance of probabilities, that:

The Defendant owed you a duty of care
They breached that duty
The breach directly caused your injury

Although this process may sound straightforward, disputes can arise. For example, the Defendant may argue that the injury was not foreseeable. To strengthen your case, your Solicitor will review medical records, examine the accident scene, and instruct expert witnesses to assess liability and your long-term prognosis.

How Can a Personal Injury Solicitor Support Your Rehabilitation?

Under the Rehabilitation Code 2015, your Solicitor will work with the Defendant’s insurer to seek an early admission of liability. As a result, they can request interim payments to fund immediate rehabilitation.

A Case Manager, often with a medical or occupational health background, will then carry out an Immediate Needs Assessment (INA). This assessment helps create a tailored rehabilitation programme covering your physical recovery, mental wellbeing, and occupational needs.

How Do I Pay for an Amputation Injury Claim?

Most experienced Personal Injury Solicitors handle cases on a No Win, No Fee basis. This means you will not pay legal fees if your claim is unsuccessful, although some disbursements may still apply.

In addition, your Solicitor can arrange After the Event (ATE) insurance. This cover protects you from paying the Defendant’s legal costs if your claim does not succeed.

In Summary

Amputation injury claims are complex and require the expertise of a skilled and compassionate Personal Injury Solicitor. With the right legal support, you can secure both the compensation and rehabilitation needed to rebuild your life.

At NJS Law, our team has decades of combined experience representing clients in amputation and catastrophic personal injury claims. We are understanding, supportive, and committed to helping you every step of the way.

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Tags Serious Injury

Dental Negligence

Taking Legal Action Against a Private Dentist

Post author By mcpicadofelipe
Post date 23 February 2024

mcpicadofelipe

February 23, 2024

When trust is breached in the dental chair, the consequences can be both physically and emotionally distressing. Dental negligence may leave patients dealing with pain, additional treatment, and unexpected financial costs. If you believe a private dentist has provided substandard care, taking legal action may be an important step towards securing justice and compensation.

This guide explains the key stages involved in making a dental negligence claim against a private dentist and outlines what you can expect throughout the process.

Gather Evidence Early

First and foremost, strong evidence forms the foundation of any successful dental negligence claim. You should begin by collecting all relevant documentation as soon as possible. This may include dental records, X-rays, photographs, treatment plans, invoices, and correspondence with the dentist or practice.

By gathering this information early, you place yourself in a stronger position to demonstrate what treatment was provided and where it may have gone wrong.

Consult a Specialist Solicitor

Next, it is essential to seek advice from a solicitor who specialises in dental negligence claims. An experienced solicitor will assess the merits of your case, explain your legal rights, and advise whether you are likely to succeed.

In addition, your solicitor will guide you through each stage of the legal process, ensuring that deadlines are met and procedural requirements are followed.

Establish a Breach of Duty

To succeed in a dental negligence claim against a private dentist, you must show that the dentist breached their duty of care. In practical terms, this means proving that the treatment fell below the standard expected of a reasonably competent dentist.

At this stage, your solicitor will usually obtain an independent expert dental opinion. This expert will assess whether the care you received met accepted professional standards.

Prove Causation

However, proving a breach of duty alone is not enough. You must also establish causation. In other words, you need to show that the dentist’s actions directly caused your injury, pain, or complications.

Your solicitor will work closely with dental and medical experts to demonstrate this link and strengthen your claim.

Comply with Pre-Action Protocols

Before court proceedings can begin, the parties must follow the relevant pre-action protocols. As part of this process, your solicitor will notify the dentist or dental practice of your intention to bring a claim.

This step allows the dentist an opportunity to investigate the allegations and respond. In some cases, this early exchange of information can lead to a resolution without the need for court action.

Issue a Formal Claim if Necessary

If the claim does not settle during the pre-action phase, your solicitor may advise issuing formal court proceedings. This involves submitting detailed legal documents that set out the allegations, supporting evidence, and the compensation sought.

Although this step may sound daunting, your solicitor will manage the process on your behalf.

Negotiate a Settlement

In many dental negligence cases, the parties reach a settlement through negotiation. Throughout this stage, your solicitor will act in your best interests and aim to secure fair compensation.

If an agreement is reached, the claim can conclude without the need for a court hearing. As a result, this approach often saves time, stress, and legal costs.

Compensation and Damages

If your dental negligence claim is successful, you may receive compensation for the losses you have suffered. This can include the cost of corrective treatment, pain and suffering, loss of earnings, and other related expenses.

The level of compensation will depend on the severity of the negligence and its long-term impact on your health and wellbeing.

Get Expert Legal Support

If you believe you have been the victim of serious or gross dental negligence, seeking legal advice as early as possible is crucial. Understanding your rights and having clear evidence will help you take confident and informed action.

Our Dental Negligence team has decades of combined experience advising and representing clients in claims against private dentists. We are sympathetic, understanding, and committed to supporting you every step of the way.

Contact us today to discuss your dental negligence claim and arrange a confidential consultation.

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Tags clinical negligence, Dental Negligence

Dental Negligence

How Long Does A Dental Negligence Claim Take?

Post author By mcpicadofelipe
Post date 22 February 2024

mcpicadofelipe

February 22, 2024

When patients experience dental negligence, understanding the timeline of a dental negligence claim is often a key concern. While every case is different, most claims follow a similar legal process. Several factors can influence how long a claim takes, including complexity, expert evidence, and whether the case settles early.

This guide explains each stage of a dental negligence claim and outlines what you can expect at every step.

Initial Investigation

First, the process begins with an initial investigation. During this stage, your solicitor gathers evidence to assess the strength of your claim. This typically includes obtaining dental records, reviewing treatment history, and consulting independent dental experts.

At the same time, your solicitor will evaluate whether the care you received fell below an acceptable standard. This stage is crucial, as it determines whether the claim can proceed.

Pre-Action Protocols

Next, solicitors must follow the pre-action protocols for dental negligence claims. This involves formally notifying the dentist or dental practice of the claim and setting out the allegations in detail.

As part of this process, both sides exchange information and evidence. Importantly, this stage encourages early settlement discussions and may resolve the claim without court proceedings.

Issuing a Formal Claim

However, if the claim does not settle during the pre-action phase, your solicitor may issue a formal legal claim. This step involves submitting court documents that outline the allegations and the compensation sought.

In most cases, a claim is issued within a few months of completing the pre-action protocols.

The Defendant’s Response

Once the claim is issued, the defendant has a limited period to respond. They may admit liability, deny the claim, or raise arguments about causation or value.

At this stage, negotiations often continue. As a result, the timeline can vary depending on how cooperative the parties are and how complex the issues remain.

Gathering Expert Evidence

In more complex cases, both sides may instruct independent dental experts. These experts provide opinions on whether the treatment met acceptable standards and whether negligence caused the injury.

Although expert evidence is essential, obtaining reports can take several months. Consequently, this stage often adds time to the overall dental negligence claim timeline.

Settlement Negotiations or Court Proceedings

Many dental negligence claims settle through negotiation before reaching court. If an agreement is reached, the claim can conclude relatively quickly.

On the other hand, if settlement proves impossible, court proceedings may follow. This inevitably extends the timeline, as the court sets deadlines and hearing dates.

Trial and Judgment

If the claim proceeds to trial, the court will hear evidence from both sides before delivering a judgment. The length of the trial and the time taken to receive a decision vary depending on the court’s schedule and the complexity of the case.

As a result, claims that reach this stage may take significantly longer to conclude.

How Long Does a Dental Negligence Claim Usually Take?

Overall, the timeline of a dental negligence claim depends on several factors. Straightforward claims may settle within 12 months. However, more complex cases can take several years, particularly if they proceed to trial.

Throughout the process, patience is essential. Staying informed and working closely with experienced solicitors can help reduce delays and ensure the claim progresses smoothly.

Get Expert Legal Advice

If you believe you have been affected by serious or gross dental negligence, seeking legal advice as early as possible is crucial. Understanding your rights and the available evidence will help you take confident and informed action.

Our Dental Negligence team has decades of combined experience successfully advising and representing clients in dental negligence claims. We are sympathetic, approachable, and committed to supporting you every step of the way.

Contact us today to discuss your dental negligence claim and arrange a free, no-obligation consultation.

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Tags clinical negligence, Dental Negligence

Dental Negligence

How to Identify Gross Negligence by Your Dentist

Post author By mcpicadofelipe
Post date 21 February 2024

mcpicadofelipe

February 21, 2024

Trusting your dentist with your oral health is essential. However, there are situations where the standard of care may fall so far below what is acceptable that it raises concerns about gross dental negligence. Unlike minor errors, gross negligence involves a serious breach of a dentist’s duty of care and can result in significant harm. This guide explains how to recognise and assess whether your dentist’s actions may amount to gross negligence.

What Is Gross Negligence in Dental Care?

Gross negligence occurs when a dentist’s actions or omissions go well beyond an understandable mistake. In most cases, it involves a reckless or careless disregard for patient safety, leading to avoidable injury, pain, or long-term complications.

Assess the Standard of Care

First, consider whether your dentist met the expected professional standard. To establish gross negligence, the care provided must fall far below what a reasonably competent dentist would have done in the same circumstances. Comparing your treatment to accepted dental practices is a key starting point.

Review Your Dental Records

Next, examine your dental records carefully. These records may reveal errors, missing information, or evidence of substandard treatment. For example, poorly documented procedures or incorrect treatment plans can indicate negligent care.

Seek an Independent Dental Opinion

In addition, obtaining a second opinion from another qualified dental professional can be extremely helpful. An independent dentist can assess whether your treatment significantly deviated from accepted standards and may confirm whether gross negligence is likely to have occurred.

Identify Harm and Consequences

Importantly, gross dental negligence usually results in serious consequences. Ongoing pain, infection, nerve damage, tooth loss, or the need for extensive corrective treatment may all point towards a severe breach of duty.

Consider Whether Informed Consent Was Given

Another critical factor is informed consent. Dentists must explain the risks, benefits, and alternatives to any procedure before treatment begins. If your dentist failed to do this, or carried out treatment without your informed agreement, this may support a finding of gross negligence.

Create a Clear Timeline of Events

To strengthen your position, document a clear timeline of what happened. Include details of consultations, treatments, concerns raised, and the impact on your health. This record can become valuable evidence if you pursue a legal claim.

Seek Legal Advice Early

Finally, if you suspect gross negligence, it is essential to seek advice from a solicitor experienced in dental negligence claims. A specialist solicitor can assess your case, explain your legal options, and guide you through the next steps.

Conclusion

Identifying gross negligence by a dentist requires a careful review of the treatment provided, the harm caused, and whether basic professional standards were ignored. Acting promptly can protect your rights and help you achieve accountability.

Our Dental Negligence team has decades of combined experience advising and representing clients in dental negligence cases. We are sympathetic, understanding, and committed to supporting you at every stage.

Contact us today to discuss your situation and arrange a free, no-obligation consultation.

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Tags clinical negligence, Dental Negligence

Dental Negligence

Common Examples of Dental Negligence

Post author By mcpicadofelipe
Post date 19 February 2024

mcpicadofelipe

February 19, 2024

Dental care plays a vital role in maintaining your overall health. As a result, patients place significant trust in dental professionals to deliver safe and effective treatment. Unfortunately, like all areas of healthcare, dentistry is not immune to negligence. When dental care falls below an acceptable standard, the consequences can be serious and long-lasting.

Dental negligence can lead to pain, permanent damage, and costly corrective treatment. Below, we outline some of the most common examples of dental negligence to help you understand when you may have a valid claim.

Periodontal (Gum) Disease Negligence

If a dentist fails to diagnose or properly treat gum disease, the condition can worsen significantly. Over time, untreated periodontal disease may result in tooth loss and has also been linked to wider health risks, including heart disease and diabetes.

Negligent Root Canal Treatment

Root canal treatment must be carried out with precision. When the procedure is performed poorly, patients may suffer ongoing pain, infection, or nerve damage. In particular, negligence may occur if sodium hypochlorite (the dental bleach used during treatment) escapes beyond the tooth, causing tissue damage.

Tooth Extraction Errors

Although tooth extractions are common, mistakes can still occur. Typical examples of negligent tooth extraction include:

Removing the wrong tooth
Causing unnecessary trauma
Fracturing the jaw during the procedure

These errors can lead to prolonged recovery and further corrective treatment.

Dental Implant Negligence

Dental implants require careful planning and execution. A failed implant may indicate negligence, especially where one or more of the following issues apply:

An implant was placed without first treating gum disease
There was insufficient bone to securely support the implant
The implant was inserted at the wrong angle
The implant was positioned too close to a neighbouring tooth, requiring removal and replacement

Any of these failures can significantly reduce the lifespan of the implant and cause avoidable pain.

Negligent Crowns, Veneers, and Bridges

Crowns, veneers, and bridges are designed to restore or improve dental function. However, negligent restorative dentistry can result in discomfort, bite problems, or further damage to surrounding teeth. If your ability to chew or speak has been affected following treatment, this may indicate substandard care.

Orthodontic Negligence

Orthodontic treatment requires careful planning and ongoing management. Negligence may arise where there is:

A failure to provide the appropriate type of orthodontic treatment
Poor management once treatment has started
An unreasonable delay in commencing treatment

Such errors can prolong treatment time and negatively affect long-term results.

Negligent Composite Bonding

Composite bonding should only be carried out when appropriate and must meet acceptable clinical and cosmetic standards. Negligence may include:

Providing unnecessary or unsuitable treatment
Poor workmanship, including bad fit or appearance
Substandard results leading to premature replacement

Making a Dental Negligence Claim

If you have suffered avoidable pain, injury, or financial loss due to negligent dental treatment, you may be entitled to claim compensation. Importantly, dentists and dental hygienists have a duty to provide care that meets professional standards, and failures to do so should be challenged.

Our Dental Negligence team has decades of combined experience advising and representing clients in dental negligence claims. We are sympathetic, understanding, and committed to supporting you throughout the process.

Contact us today to discuss your claim and arrange a free, no-obligation consultation.

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Tags clinical negligence, Dental Negligence

Motorbike Accident

How Long Will A Motorbike Accident Claim To Get Compensation?

Post author By mcpicadofelipe
Post date 16 February 2024

mcpicadofelipe

February 16, 2024

Following a motorbike accident, one of the most pressing questions for victims is how long it will take to receive compensation. While the timeline for a motorbike accident claim can vary depending on several factors, this post aims to provide a general overview of what to expect during the process.

The first step in the process is to consult with a solicitor or personal injury lawyer experienced in motorbike accident claims.
To build a strong case, evidence must be collected. This may include accident reports, witness statements, medical records, and documentation of financial losses.
Your medical condition and prognosis play a significant role in determining the compensation amount.
Establishing liability is a crucial step in the process. This involves determining who was at fault for the accident. In some cases, liability may be disputed, which can prolong the claim process.
Once your solicitor has a complete picture of your case, they will negotiate with the insurance company representing the at-fault party. The length of negotiations can vary, as it depends on the complexity of the case and the willingness of the insurance company to settle.
If a settlement cannot be reached through negotiations, your case may proceed to court. Court proceedings can significantly extend the timeline for your claim, as the legal process can be lengthy.
If a settlement is reached, your solicitor will review the terms of the agreement with you. Once both parties agree, compensation can be paid. The time it takes to finalise the settlement can vary but is generally quicker than court proceedings.
Once the settlement is finalised, the compensation is typically paid to you. The time it takes for you to receive the funds can vary depending on administrative processes, but it is usually not a lengthy delay.

If you have been involved in an accident as a motorcyclist and the accident was not your fault then we can help you claim the compensation you deserve.

Our team has decades of combined experience in dealing with Personal Injury Claims.

Our NJS Law Motorbike Injury Specialists are sympathetic, understanding, and can help you get the outcome you deserve.

If you would like to discuss an issue, please get in touch to arrange a free no obligation consultation. We’re available by email or phone.

Contact us today to discuss your claim.

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Tags motorbike accident claims, Personal Injury

Motorbike Accident

How Much Compensation Can I Get From A Motorcycle Accident Claim?

Post author By mcpicadofelipe
Post date 15 February 2024

mcpicadofelipe

February 15, 2024

Motorcycle accidents can result in a wide range of injuries and damages, leaving victims with physical, emotional, and financial obligations. If you’re considering making a motorcycle accident claim, you might be wondering how much compensation you can expect to receive.

The Severity of Injuries:
The most significant factor in determining compensation is the severity of your injuries. More severe injuries typically lead to higher compensation. For example, a traumatic brain injury or spinal cord injury will likely result in greater compensation compared to minor fractures or soft tissue injuries.
Medical Expenses:
Your medical expenses, both immediate and ongoing, will be a crucial component of your compensation claim. This includes the costs of hospitalisation, surgeries, rehabilitation, prescription medications, and assistive devices like wheelchairs or prosthetics.
Loss of Earnings:
If your injuries prevent you from working or cause you to miss time from your job, you may be eligible for compensation to cover your lost income. This can include not only past earnings but also potential future earnings if your ability to work has been permanently affected.
Pain and Suffering:
Compensation is also awarded for the physical and emotional pain and suffering resulting from the accident and your injuries. The extent of this compensation depends on the severity and duration of your suffering.
Psychological Trauma:
Motorcycle accidents can lead to psychological trauma, such as post-traumatic stress disorder (PTSD) or depression. Compensation may be available for psychological injuries and the associated therapy or counselling.
Rehabilitation and Adaptations:
Rehabilitation costs, including physical therapy, occupational therapy, and psychological counselling, may be factored into your compensation. Additionally, if your home or lifestyle needs adaptations to accommodate your injuries, these costs can be included.
Property Damage:
Compensation for the repair or replacement of your motorcycle and riding gear is typically included in a motorcycle accident claim.
Liability and Shared Fault:
The degree of liability attributed to the other party involved in the accident can affect the compensation amount. If you were partially at fault for the accident, your compensation may be reduced accordingly.
Legal Representation:
Having a skilled solicitor or personal injury lawyer on your side can significantly impact the compensation you receive. They can ensure that all relevant factors are considered, negotiate with insurance companies, and advocate for your rights.

While no two cases are alike, pursuing a motorcycle accident claim can provide financial support and help you rebuild your life after a devastating accident. It’s essential to act promptly, gather evidence, and seek legal guidance to maximise your chances of obtaining fair compensation.

If you have been involved in an accident as a motorcyclist and the accident was not your fault then we can help you claim the compensation you deserve.

Our team has decades of combined experience in dealing with Personal Injury Claims.

Our NJS Law Motorbike Injury Specialists are sympathetic, understanding, and can help you get the outcome you deserve.

If you would like to discuss an issue, please get in touch to arrange a free no obligation consultation. We’re available by email or phone.

Contact us today to discuss your claim.

CONTACT US

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FAQ

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Tags motorbike accident claims, Personal Injury

Motorbike Accident

What Are The Most Common Types Of Motorcycle Injuries?

Post author By mcpicadofelipe
Post date 14 February 2024

mcpicadofelipe

February 14, 2024

Motorcycling can be a delight and efficient mode of transportation, but it also comes with unique risks. Motorcycle accidents can lead to a range of injuries, some of which are unfortunately all too common:

Head Injuries: Head injuries are among the most serious and prevalent motorcycle injuries. These can range from concussions and skull fractures to traumatic brain injuries (TBI).
Fractures and Broken Bones: Motorcycle accidents often result in fractures and broken bones, particularly to the extremities, such as arms, legs, and hands.
Road Rash: Road rash occurs when a rider’s unprotected skin comes into contact with the road surface during a slide or fall. It can range from minor scrapes to severe skin abrasions, sometimes requiring skin grafts or surgeries.
Spinal Cord Injuries: Spinal cord injuries can lead to partial or complete paralysis and are often caused by high-impact accidents.
Internal Injuries: Internal injuries, such as organ damage or internal bleeding, can occur due to the force of impact in a motorcycle accident. These injuries may not be immediately apparent, highlighting the importance of prompt medical evaluation after an accident.
Facial Injuries: Facial injuries, including fractures, lacerations, and dental trauma, can result from a motorcycle accident.
Lower Extremity Injuries: Leg and foot injuries are common, with riders often sustaining fractures, dislocations, or soft tissue injuries.

If you have been involved in an accident as a motorcyclist and the accident was not your fault then we can help you claim the compensation you deserve.

Our team has decades of combined experience in dealing with Personal Injury Claims.

Our NJS Law Motorbike Injury Specialists are sympathetic, understanding, and can help you get the outcome you deserve.

If you would like to discuss an issue, please get in touch to arrange a free no obligation consultation. We’re available by email or phone.

Contact us today to discuss your claim.

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Tags motorbike accident claims, Personal Injury

Contesting A Will

What Is The Difference Between A Next Of Kin and A Beneficiary

Post author By mcpicadofelipe
Post date 8 February 2024

mcpicadofelipe

February 8, 2024

The term “Next of Kin” is often misunderstood. Legally, it has no strict meaning, but it is commonly used in hospitals and legal situations to indicate someone close to you.

Next of Kin in Hospitals

If someone needs hospital treatment, they are usually asked to nominate a Next of Kin.

A patient can choose any adult: a spouse, partner, adult child, friend, or neighbour.
Hospitals use this information to know who to contact in an emergency.
There is no legal order of priority for who can be a Next of Kin

Executors of an Estate

Similar to choosing a Next of Kin, you can nominate anyone to act as an Executor of your Estate.

Executors handle the administration of your Estate after you die.
Common choices include a spouse, adult child, partner, or trusted friend.

Nominating an Executor in a Will ensures your wishes are followed and reduces the risk of disputes.

What Happens Without a Will?

If someone dies without a Will, the law sets a priority list for who can apply for Letters of Administration:

Spouse or civil partner
Adult children
Parents
Siblings

Disputes can arise if multiple people in the same category want the role – for examples:

More than one child applying
Separated parents both wanting to administer the Estate

Tis is one of the main reasons making a Will is so important.

Beneficiaries of an Estate

A Beneficiary is anyone entitled to inherit part or all of an Estate.

A Beneficiary can be nominated in a Will
If there is no Will, the intestacy rules decide who inherits
Friends neighbours, or social partners cannot inherit if there is no Will.

Why Legal Advice Matters

Inheritance and administration disputes can be complicated.

Our team has extensive experience in inheritance disputes. We are sympathetic, understanding, and here to guide you every step of the way.

We can get it sorted.

It’s what we do.

Call us – it’s free to ask

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Tags Contentious Probate, contesting a will, inheritance act claims, inheritance disputes, Wills disputes