Free Legal Advice

If you would like some free legal advice visit us at our Alfreton branch this evening. As a firm participating in the Alfreton Town Council Christmas events we will be holding a free advice surgery between 5pm and 6:30pm.

Top Tops for Making and Maintaining a Will

For the over 60s

Don’t be put off

The creation of a will document is often delayed until later in life as people feel as though it is ‘too big’ or ‘too difficult’ a conversation for their family to have. Yet other members of the family often share these concerns. Taking the first step can bring a whole sense of relief to the situation.   

Remember it is YOUR decision

Don’t allow your will document to be lead by what you feel you SHOULD do. It is YOUR decision as you are allocating assets you have worked your whole life to acquire. If you feel someone present in your life now, such as a friend,carer, neighbour, is more deserving of a mention in your will than a long-lost/distant blood relative, it is absolutely your prerogative. There are no rights and wrongs.

Think of the future, not just the here and now

When allocating your assets in a will, it is important to be absolutely clear who you want to receive what. For example, it may be appropriate to create trusts for grandchildren or great-grandchildren in a will document, especially when a relationship breakdown has created ambiguity.

Make an informed decision

A will is one of the most important legal documents that you will create.  Research, research, research - there is a wealth of information out there.

Outline your final wishes

Whilst you might find it a depressing thought, your will document is also an opportunity to outline your final send off. If you want certain music played or a certain theme, this is your chance to make it clear. 

Take independent, sound advice

The best thing you can do when you are unsure how to move forward, is to take independent legal advice. Solicitors specialising in wills and inheritance will have heard of every conceivable family scenario you can imagine so don’t hold back when outlining your fears or concerns. Solicitors often start initial will consultations by simply listening and giving practical advice, before moving onto legal matters.

For those aged 40-60

Speak to your parents

From our experience, people having initial will consultations tend to be in their 40s & 50s. If you are taking the first step to getting your affairs in order, it provides a natural opportunity to ask your parents about their own experiences to see if they should update or create a will.

Set a review timetable

If you are creating a document in your 40s or 50s, it is perfectly plausible you will become a grandparent before you die. Resolve to regularly review your document to ensure that it reflects your current circumstances. Caldendarise appointments to review your will every 2 years.

Be wary of ‘horror stories’

Everybody knows somebody who will recount a story of a complete family breakdown due to a will disagreement. From our experience however, the lack of a will is a far greater issue. By taking responsible action to create a will document in middle age, you are actually protecting your family from these disputes later in life.  

Audit your assets

If you are developing a will document at this age, make sure you create a thorough audit of your assets, Will documents are designed to assign more than just cash and property. For example, assigning roles within a family business after your time is a critical detail that could be overlooked.  

For those in their 20s & 30s

You are never too young

In your 20s and 30s, you may feel that creating a will is decades away. However, in today’s digital world you have greater assets in your 20s than any generation that has gone before. For example, simple things such as who controls your social media profiles in the event of your sudden passing are a unique consideration for this generation’s young people.

Get in the habit

If you create a will at a young age, you are more likely to update it at regular intervals and be aware of the impact of sudden family changes on the status of your document.

Appoint a Guardian

You are likely to become a parent at some point in your 20’s or 30’s. Ensure any will document that you create outlines who you want your child’s legal guardian to be should something happen to you and your partner.

Make the process part of a property purchase

First-time buyers tend to be in their 20’s or 30’s. As you are making the biggest financial commitment of your lifetime, it makes perfect sense to use the opportunity to safeguard your family’s future at the same time.

Spreading a little Christmas cheer ..........

The monies raised in our Barnardo's Big Bake off go towards supporting children and vulnerable youngsters in Derbyshire

 

 

Barnado's Big Bake Off

This year the theme for the Barnado's Big Bake Off was Halloween. The winner at our office was for the second year, Rebeccaa Layton and below is her creation.

Another Happy Customer

Presumption of parental involvement comes into force today

The provision means the courts will start with the presumption that both parents will have involvement of some kind, whether direct or indirect but the presumption will not apply to proceedings commenced but not concluded before 22 October 2014. This is not however the same thing as shared or equal care and the welfare of the child will still remain paramount.

As described by The Law Society:-
The President of the Family Division has announced that the presumption of parental involvement set out in section 11 of the Children and Families Act 2014 will come into force today, 22 October 2014. This was the only part of the Act not to come into effect on 22 April 2014.
The provision does not mean, as was proposed originally by the government, that there should be a statutory presumption of so-called 'shared parenting' - that a child should spend equal amounts of time with both parents. The Law Society and others argued successfully that this risked promoting parents' rights above those of children. The most important consideration is whether the child will benefit from the continued involvement of both parents post-separation. The presumption is set out as '... involvement of some kind, whether direct or indirect ...'. Section 11 will not apply to proceedings commenced but not disposed of before 22 October 2014.
In a separate announcement, the President has issued guidance which states that the practice of granting ex parte injunctions for an unlimited time is wrong in principle and must stop, and suggests a new form of order. The announcement followed discussions with the Magistrates' Association and the National Bench Chairs' Forum about whether it is proper to grant an ex parte non-molestation injunction. The President has determined that the practice of granting such orders for an unlimited time must cease and that this principle shall apply to all ex parte injunctive orders made by the Family Court or by the Family Division, irrespective of the subject-matter of the proceedings or the terms of the order.

Industry Prize

A Guide to Personal Injury Claims - 5 Top Tips

Have you ever suffered a personal injury in the workplace, at home or in a public place? If so, did you claim compensation for any loss of earnings or medical expenses you incurred?

If not, you could well be part of the 32% of people in the UK who admit that they have put off making a personal injury claim, as they didn’t want to contribute to ‘compensation culture’. New research has revealed that the outdated notion that the UK has a ‘compensation culture’ is stopping genuine personal injury victims making claims through the fear of being stigmatized, leaving them out of pocket.

73% of people say that they ‘judge’ people who make personal injury claims, with 60% saying feel ‘resentful’ that their insurance premiums could go up as a result of personal injury claims.

The average financial bill of a personal injury, when not covered by insurance or compensation, is a shocking £1,178 per person.

Rachel Polley, personal injury expert from QualitySolicitors Chapman & Chubb says “In my job as a personal injury solicitor I want to help ordinary people with legitimate claims get back to the financial position they were in before their accident. They have suffered injury and losses through no fault of their own and should be compensated for this.'

‘Recently I had a father and son attend my office. They’d been involved in a road traffic accident where a vehicle went into the rear of them. They both suffered from whiplash but worried about wasting my time, claiming for a personal injury and being seen as “claimants”. It was only after I assured them that they had a legitimate claim and that the other party's insurance company would deal with the claims that they decided to proceed further.

QualitySolicitors have issued 5 top tips for people unsure as to how to proceed in making a personal injury claim.

1. Make your claim straight away. People often wait until they can no longer work before they begin the claims process, leading to financial problems down the line when the costs can really start piling up. Putting in a claim early means the details will be fresh in your mind and you are more likely to have all the relevant documentation to hand.
2. Seek medical advice immediately. Whether your injury is physical, such as whiplash, or psychological, such as stress, it is important to be seen by a medical professional straight away. This is to aid your recovery and rehabilitation but also to record your injury independently, which may be useful for your claim.
3. Ask about an interim payment. The process of settling a claim can sometimes take a while but don’t panic, because you can still apply for what is called an ‘interim payment’. This essentially means you will be given a lump sum early on in the proceedings, to help you with any immediate costs, for example, covering your mortgage if you are unable to work.
4. Record your expenses. Whether it’s a medical bill, home improvements to help you manage your injury or even costs to cover things like transport, keep a log with all receipts. These will all help with making your claim.
5. Don’t just accept the first offer you get from the insurer. Many people are offered a pre-medical assessment by the insurers dealing with the claim. A lump sum can be very appealing to accept straight away, however be very wary of doing so until your solicitor has reviewed your case in detail.

QualitySolicitors is the new and exciting way to access legal services. The aim of every QualitySolicitors firm is simply to provide clients with exceptional customer service, every time. Their vision is to revolutionise the way law firms operate by putting clients at the heart of everything they do. The QualitySolicitors brand is a group of modern, progressive law firms spread across the UK, each one chosen because they deliver great customer service. If you have been injured or would like more information, visit QualitySolicitors or call us on 01773 540 480.

Does Britain Have a Compensation Culture?

Survey conducted by OnePoll on behalf of QualitySolicitors in July 2014

   

 

  

 

The Electorial Register is Changing

The way you register to vote is changing and there will be two registers, one for electorial purposes and an 'Open' register.

The Government website GOV.UK says, 'Most people who are already registered to vote are being moved onto the new system automatically. So you may not need to do anything.' and 'look out for a letter from your local council in July or August'

The letter being sent to constituents in our borough states 'Your details are on the open register', this means your details can be bought by any person, company or organisation.

If you wish to be removed from the open register you must contact your local authority's electoral registration officer and asked for it to be removed.

Go here to find the telephone number of your local authority's Electoral Registation Office 

Government announces new £23bn Affordable Homes programme

Great news for affordable housing in the UK as the government announces plans to build 165,000 affordable homes over the next three years.

Housing Minister Kris Hopkins said that the plans would create 165,000 construction jobs and boost UK businesses that supply the construction sector.

If the target of 165,000 homes is achieved it will be the fastest rate of affordable homes building for 20 years.

Housing associations, councils and house builders will be invited to bid for part of the £23 billion investment programme between 2015 and 2018. Housing Associations which apply will have to focus on building new homes that are in short supply in their local area, to help with localised housing shortage problems.

This new scheme will build on the success of the current affordable housing programme which is set to deliver 170,000 homes by 2015. If both schemes go to plan, then by 2018 the UK should benefit from a total of 335,000 new affordable homes.

Courtesy of Currell Group Newsletter