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Probate is the complete process of administering the estate of a deceased person. It will differ from estate to estate, but in general, it will include organising their money, possessions and assets and distributing them as inheritance after any debts and taxes have been paid.

If a will is in place, the name of the person or people who will administer the estate will be named. This person is known as the executor of the will and it will be their responsibility to organise probate.

Gaining probate allows the executor to access funds and other assets to help them distribute them according to the wishes of the deceased as set out in their will. Different financial organisations have different thresholds for when probate will be required, ranging from £10,000 to £50,000.

There’s often some confusion about probate, what it involves and when it’s required. Here we’ll clarify some of the questions people have about probate, and how long it might take.

Do you need to go through probate if there is a will?

Probate will usually be required if the deceased person’s estate is worth more than £10,000, even if there is a will. If there is a will and the deceased person has assets of less than £10,000 then no probate will be required.

However, if most of the assets in the estate are jointly owned such as savings, property and bank accounts,, then probate may not be necessary. These will automatically pass to the surviving co-owner. The surviving co-owner, usually the spouse, will only need the death certificate in order to access these assets.

However, if the assets were owned as tenants in common or if there are other solely owned assets within the estates, such as ISAs and other investments, then you may still need to apply for probate.

What is the procedure of probate of a will?

Because every estate is different, the exact probate process for each individual can vary considerably, depending on the instructions left in the will. The assets, beneficiaries, and creditors of the estate will all be a factor in determining the length of the process.

However, there is a basic process that most executors will need to complete.

Firstly, the full details of the estate’s assets and debts will need to be gathered.  This should include details such as property, savings, any outstanding debts or other liabilities, business interests and investments.

You will then need to apply for the Grant of Probate. This is permission to administer the estate and distribute any assets according to the wishes of the deceased person as set out in their will. 

An inheritance tax return will need to be completed and any tax due as a result will then need to be paid.

You will then receive a Grant of Probate, allowing you to access accounts and other investments. You will then need to repay any of the deceased’s outstanding debts, prior to distributing what’s left according to the instructions that are set out in the will.

Extra complications can occur if there are any disputes between the executor, beneficiaries, creditors or HMRC.

The probate process takes about a year for most estates. The time it takes will depend on the size and the complexity of the estate. Probate for simpler estates can all be tied up in a much shorter period of time than complex, large value, estates.

International probate can be even more complicated and takes anywhere between six months and two years. It can take time to receive the necessary paperwork and permission in order to sell foreign assets, and businesses can take time to sell or divide.

Sometimes disputes can arise during the probate process between the executor, creditors, HMRC or beneficiaries. These disputes can all create delays when it comes to administering the estate.

Homemade and DIY wills are more likely to create problems than wills that have been drafted by a solicitor. This might be because the will has been poorly drawn up or might even be completely invalid, with the wishes expressed within unclear.

A potential lengthy delay is the process of selling the property. This can be unpredictable, although the fact there is no upward chain can help reduce the risk of the sale being held up. During this process, utility bills and maintenance costs will still need to be paid on the property.

Sometimes the beneficiaries might be missing or difficult to locate. If they can’t be easily identified or located the inquiries will need to be made and searches will need to be carried out.

If you encounter any problems during the probate process then our team of experienced probate specialists are on hand to provide expert advice. We can help resolve any disputes or even take over your executor duties to help free up your time and speed up the process.

The death of an executor isn’t unheard of and if the administrator dies during probate, someone else will need to be appointed in their place. The responsibility for this will fall to the person who is named as the executor of the recently deceased executor.

Why would a will go to probate?

Most estates will need to go through probate, regardless of whether or not there is a will. The determining factor in whether or not probate is required is the type and value of the assets in the will.

The Grant of Probate is the document that allows for the executor to take up ownership of the assets from the deceased, allowing them to then carry out the instructions outlined in the will. Estates of a very low value, or when all the assets are held in common, will not require a Grant of Probate.

If the deceased owned assets in their own right above £10,000, then it’s likely you will need a Grant of Probate. If, for instance, the deceased held £50,000 in a bank or building society account, then the financial institution in question will need to be provided with a Grant of Probate before it will release any capital to the executors.

If, however, the deceased only held a few thousand pounds in an account with the same institution, then they are unlikely to need to see a Grant of Probate.  Each bank and building society has its own limits of the amount that they are willing to give to executors before they see a Grant of Probate, but in most cases, it will be around £10,000-£15,000.

Other factors that might require a Grant of Probate, even when most of the assets are jointly held with a spouse, include stocks and shares held in a single name or property that is held in common. If the deceased was the sole owner of the property that they shared with their beneficiary, then a Grant of Probate will be required before it can be transferred to their ownership.

The rules regarding probate can be confusing, which is why many people will entrust the process to an experienced probate solicitor to carry out probate as efficiently and effectively as possible.

Is a will enough to avoid probate?

A will on its own is not enough to determine whether or not probate is required. What determines the need for probate is the assets that the deceased held, their value and whether or not they were held solely or in joint names.

For this reason, a good place to begin when determining whether or not you require a Grant of Probate is to make a detailed list of all the assets that the deceased owned. You’ll then need to find out whether those assets were held in the deceased’s sole name, in joint names or with someone else.

When assets are held as Joint Tenants with someone who is still alive, the asset will then automatically pass to the co-owner under the Right of Survivorship. If this is the case for all of the deceased’s assets, then a Grant of Probate will not be required.

If, however, assets are held as Tenants in Common, they are not passed to the surviving tenant by the Survivorship rules. Instead, these will pass on to whoever is entitled to inherit under the deceased’s will. Depending on their value and who is inheriting them probate may be required.

If the assets of the deceased all fall under the Probate threshold then it’s likely that probate won’t be needed. This is known as a ‘small estate’ and every bank and financial institution will have its own limit for what constitutes a small estate. Generally speaking, if the estate is less than £10,000 – £15,000 then a Grant of Probate will not usually be required.

Does a will speed up probate?

The probate process needs to follow a number of steps. This means that although when a will is in place the process can be speeded up to some degree, the differences are rarely that great. It takes between 9 to 12 months in England Wales to obtain the Grant of Probate and then complete the estate administration process regardless of whether or not there is a will.

Despite a will being unlikely to make the process significantly faster, the presence of a will can make things more clear-cut. There will be a range of information at hand that can speed up the process while reducing the potential for disputes. Loved ones and beneficiaries will know who the executor is and that the person was selected for this role by the deceased. The executor will also know the names of the beneficiaries and what the deceased wanted them to inherit.

However, that doesn’t mean that the existence of a will removes the risk of delays occurring. The relatives of the deceased may not be able to locate either the original will or later versions. It can be harder to locate if the company that drafted the will has since closed down. If someone has been excluded from the will, they may be able to make a claim under the Inheritance (Provision for Family and Dependents) Act.

If the will has not been properly drafted this may cause uncertainty around the deceased’s wishes. A poorly drafted will might even be found to be invalid. This can significantly delay the probate process.

Professional probate advice from Mark Reynolds Solicitors

Taking care of probate can be stressful and complicated, particularly if you are grieving. At Mark Reynolds Solicitors, our experienced probate services understand the process of dealing with the estate of a friend or family member can be a daunting process. Our team can take care of as much or as little of the process as you wish, providing support and advice along the way.

If you’re the executor of a will and would like confidential advice and support with the probate process, call 0800 002 9577 or contact us online.

While the NHS provides high levels of service and care for the population most of the time, mistakes, omissions and errors can happen during the course of treatment for an illness or medical condition. When that occurs, the consequences can be severe for the individual and their family.

When something goes wrong with your treatment you may require long-term care, may no longer be able to work, and your home may need adaptation. As well as these practical aspects, there’s also emotional consequences to consider.

If something goes wrong with your NHS treatment is it possible to sue the NHS for clinical negligence?

Taking legal action for clinical negligence

It’s perfectly possible to take action against the NHS if the treatment you received has resulted in injury. Whether it was GP negligence, hospital malpractice, dental medical negligence, or malpractice in nursing, if the standard of care falls below an acceptable level then this can have consequences. If those consequences are financial loss, reduced life expectancy and even death, then you or your family are likely to be able to make a successful claim against the NHS.

It’s also important to remember that clinical negligence can happen at any time during your treatment by the NHS, from your initial appointment with a medical professional to the end of your treatment.

What can I sue the NHS for?

Because of the breadth and scope of NHS treatment, there are a wide range of potential reasons why you may wish to sue the NHS. Here are some of the primary reasons why people make clinical negligence claims:

● Failure to correctly diagnose your condition.
● A mistake was made during a procedure or operation.
● The wrong drug was prescribed.
● Informed consent to treatment was not received.
● Failure to properly warn about the risks of a particular treatment.

If an injury has been suffered as a result of medical treatment, it may be referred to as a ‘medical accident’ or ‘patient safety incident’. This does not necessarily mean that your treatment was negligent. It’s only possible to make a medical negligence claim if it can be shown that on the balance of probability that:

● Your treatment was carried out negligently. In practice, this means that the care you received fell below acceptable standards.
● It also needs to be shown that this negligent care was the cause of your injury.

What is the average compensation?

According to NHS Resolution, the average payout for medical negligence in the UK is £50,000. Payments can be as little as £1,000 to several million pounds depending on the specifics of each case. The figure will be influenced by the estimated time for recovery, the financial implications of the injury, as well as the cost of any further treatment.

Some of the factors that will be taken into account will include:

● Compensation for pain and suffering.
● Payment for ongoing treatment
● Loss of earnings
● The cost of any extra care or equipment you may need
● The cost of adapting your home
● Compensation for psychological damage

A claim can also be made for the next of kin of someone who has died or who lacks the capacity to make their own claim. The court will also take into account certain social security benefits you may be entitled to because of your injury before deciding on the level of compensation you receive.

Is it wrong to sue the NHS?

Many people have concerns about the ethics of suing the NHS if they are the victims of medical negligence. They may have concerns that any compensation they receive is money that could go towards delivering frontline services. However, few people bring a medical negligence claim without carefully considering their options. There are no punitive sanctions applied to the NHS as a part of the case. Instead, claims lead to reviews of how care is delivered, more joined-up risk monitoring and an overall reduction in clinical negligence claims.

The NHS works hard to reduce medical negligence and claims can help to spotlight issues either with particular practitioners or services.

Experienced help for your medical negligence case

At Mark Reynolds Solicitors, we are experienced at handling complex medical negligence cases for our clients. All clinical or medical negligence enquiries are completely free of charge. We will assess all available funding options and we can normally act for clients on a no-win-no-fee agreement. If you’d like to discuss your options and what we can do for you, please call 0800 002 9577 or click here to go to our contact page.

Estates and families vary considerably. From single people households with little in the way of assets, to large estates made up of property, investments and business interests. It’s no surprise therefore that there is a range of different wills to suit different purposes.

Deciding which is the best for you will depend on a number of factors. A Will doesn’t just have cover how assets are to be distributed but can also include your wishes for your funeral, as well as what you’d like to happen to personal items or those things with sentimental value.

Here is a brief guide to some of the different types of will that are available in the UK.

Single Will

This is the most common and familiar type of will. It’s a simple document that outlines what any individual person wishes to happen with their estate when they die. Single wills are generally for people who are not in a relationship. They may also be used in instances where partners have different wishes. It might also be used if one spouse already has a will.

These can be particularly appropriate if you are married but have children from a previous relationship, allowing you to divide your estate between your spouse and your children. A Single Will lays out how you would like your assets to be divided and the document then signed in front of witnesses.

Mirror Wills

If a couple has the same wishes regarding the distribution of assets then Mirror Wills are usually used. These are two documents, one for each person, but the contents of each will mirror the other one.

When one spouse dies the entire estate is passed to the surviving spouse. When they have both died, the estate is then distributed according to the instructions in the will.

The contents of Mirror Wills can make requests regarding personal items, such as photographs, books, art and jewellery. Mirror Wills rely on high levels of trust between two people because it’s perfectly possible for the surviving spouse to change their will after the death of their spouse.

If you have children from another relationship then this may be problematic and there have been occasions when someone has cut out family members or a will has been changed to benefit a new spouse.

Trust Wills

Trust Wills address some of the issues that can arise with Single and Mirror Wills. There are different types of trust wills that allow for some degree of flexibility. They may also provide some protection from Inheritance Tax. There are a number of different types of trust will, each suited for different personal circumstances.

Discretionary Trust

A Discretionary Trust can be used to leave part or all of your will, to a trust that is created in the Will. In the trust, you can name the trustees who will manage the trust and who its beneficiaries will be. The trustees will have complete control over how and when any beneficiaries receive the contents of the trust.

These can be a useful means by which to ensure that young children or beneficiaries incapable of managing their finances are provided with funds. Creditors cannot access the fund which makes them a useful option for providing for anyone who is in debt or who may be bankrupt.

Property Trust

Property Trust Wills allow for someone to benefit from the property while preserving all or part of it for another beneficiary. This might be because you’d like to pass on your property to your children while ensuring that your spouse can remain in the property until you die. This can be useful if you have remarried but would ultimately like your property to pass on to your children from a previous marriage.

Flexible Life Interest Trust Wills

Flexible Life Interest Trust Wills are similar to a Property Trust Will. These protect assets while allowing a beneficiary to receive income from the trust. A surviving spouse can access funds for their ongoing needs for the rest of their life. At their death, the assets then pass to other beneficiaries. In most cases, this is the children.

This type of trust is flexible and allows for discretions about how and when funds are made available. If, for instance, a spouse needed care home fees, these funds are owed to the trust and then repaid on to beneficiaries at death.

Living Wills

A Living Will has the legal name Advance Decision which gives some indication about its role. A Living Will outlines your wishes regarding medical treatments in case you’re unable to make a decision or communicate them. They are most commonly used to reject a range of life-sustaining medical interventions such as being put on a ventilator or being given CPR. These are legally binding in England and Wales and if one exists, medical professionals are legally required to follow your wishes.

Professional Wills & Probate advice

At Mark Reynolds, our Wills & Probate Services can help you choose the right will to best suit your needs and personal circumstances.

For expert and confidential advice call 0800 002 9577 or contact us online.

The vast majority of births pass without incident. In some cases, however, things can go wrong and complications do develop. In some instances, midwives and other medical staff may not properly monitor the situation, and as a result, injuries occur. As with other types of medical negligence, this can lead to a successful compensation claim.

What is a birth injury?

Birth injuries are any harm that’s caused to the mother or baby during or around the time of labour. They may arise for a variety of reasons and can range from minor, to more serious and even life-changing.

Minor birth injuries such as swelling and bruising to the mother or child are common. These will generally heal within a few weeks but in the case of more severe birth injury or complications, they may be caused by negligence or mistakes by the medical team.

What are the causes of birth injuries?

Historically, birth has always carried risks. With modern medical care, birth is thankfully much less risky than it used to be. That doesn’t mean that accidents never happen, and when they do they can be painful, distressing and can cause future complications for both the mother and the baby.

To minimise this risk of injury to both the mother and the baby, medical staff should follow well-established procedures. If these procedures aren’t followed or other negligence occurs and it results in birth injury, then it may be possible to make a compensation claim.

Some examples of clinical errors that can potentially lead to birth injury include;

● Poor care throughout the delivery process
● Administering the incorrect medication
● Mishandling the mother or the baby
● A failure to properly identify, treat or prevent infections such as meningitis or septicemia.

In some instances, birth injuries can lead to serious ongoing and lifetime conditions for either the mother or the baby or both.

Common birth injuries

Some of the common and less common types of birth defects include:

● Obstetrics and midwifery negligence. This might include the improper use of forceps or vacuum extractors during the delivery process and incorrect suturing.
● Mistakes made during screening and failure to spot serious conditions such as heart or brain defects, Down Syndrome, Spina Bifida or other developmental issues in a timely manner that might have led to termination.
● Pregnancy complications have been mismanaged. Pre-eclampsia can lead to high blood pressure that might put the mother at risk of stroke, multiple organ failure, fits and HELLP syndrome.
● The failure to properly identify and treat an infection. These can lead to illnesses and can become extremely dangerous to babies. Maternal sepsis can be caused by something as simple as a Urinary Tract Infection, influenza or pneumonia.
● Failure to conduct or monitor a birth, or the condition of the unborn child for signs of distress can lead to severe and ongoing trauma to both the mother and the child.
● Serious injury to the child caused during or after the birth. This can include serious issues such as infant brain damage. A lack of oxygen can result in a stroke or Cerebral Palsy, Erb’s Palsy, fractured bones or nerve damage due to bleeding on the brain.
● After birth injuries to the mother such as third and fourth-degree perineal tears, and incorrectly performed episiotomies. Poorly carried out caesarean sections cause damage to organs and other surgical injuries.
● Retained Products of Conception (RPOC) refers to the retention of foetal and/or placental tissues that have been left in the uterus after termination, miscarriage or delivery. This is not uncommon and timely diagnosis and treatment are vital to avoid any further complications.

How long after a birth injury can you sue?

Because of the often serious and ongoing nature of birth injury claims the mother has until the child is 18 to make a claim for a birth injury to the baby. If no claim has been made once the child has reached 18, they themselves have three more years to make a claim. If your baby suffered a birth injury that damaged their mental capacity and will not improve as they get older, there are no time limits.

If you’re a mother who wishes to make a claim for a birth injury to yourself you will usually have three years in which to make it from the time the injury took place or when you found out that the injuries were caused by negligence during and around the labour.

How to make a birth injury claim

If you believe that your or your baby suffered an injury as a result of negligence during the birth process then you may be able to make a successful compensation claim. This can be a complicated process so it’s important not only to act quickly but to seek legal advice.

At Mark Reynolds Solicitors, we have extensive experience in making successful medical negligence claims including those for birth injuries. We can advise about the strength of your claim and how to proceed.

To find out more and for confidential advice call 0800 002 9577 or contact us online.

If you have an accident at work you may be worried that you could be dismissed. If the accident is severe and has an impact on your ability to carry out the job you used to do, these concerns may be more pronounced.

There is a great deal of confusion around workplace accidents. Many people fear being dismissed, particularly if they seek legal and financial redress following an accident for which they believe the employer was liable.

What are the rules regarding accidents at work, are employers entitled to dismiss you, and what impact might making a compensation claim have on your ongoing employment?

On what grounds can I be sacked after an accident at work?

Legally, you cannot be dismissed following an accident at work that left you injured. If you sustained this accident due to negligence caused by your employer, you might be considering making a claim for personal injury. You may also be worried that if you do pursue a claim that you might face dismissal.

The only potential grounds for dismissal following an accident might be because of capability. This is assessed by reference to skill, health, aptitude and any other physical or mental quality. If, for instance, your job involved heavy lifting and you can no longer lift, then you may be deemed no longer capable of continuing with your job. This is by no means clear-cut and it can be difficult for employers to prove this. As a result, most employers may try to redeploy you elsewhere or negotiate a mutually agreed contract termination.

If you are not able to continue working and your employer was liable for the accident that caused your injury any compensation payout will take account of these lost earnings.

If you are able to continue working, perhaps after a period of recuperation and sick leave, then your employer will have no ground to dismiss you legally.

What should I do following an accident?

If you’re injured at work it’s important that you report your injury to your employer as soon as possible. Most businesses will have an accident book and the details of your accident should be recorded. This provides protection for both employer and employee and may be referred to should you decide to proceed with a compensation claim.

It’s also a good idea at this early stage to take photographs of your injury and the accident scene. You should write down your own account of what happened while it is fresh in your mind and ask any witnesses to the accident to do the same. If you can, make drawings of what happened to illustrate your notes.

You should make an appointment to see a doctor and any other relevant medical specialist as soon as you can.

If you feel that employer negligence led to the accident then you may be able to make a compensation claim. Any claim needs to be made within three years of the date of the accident and you will usually require the help of a lawyer.

Even if you are only exploring the possibility of making a claim it can be helpful to approach an experienced accident claims specialist. They will be able to advise about the strength of your claim and the potential compensation should your claim be successful. You will then be in a stronger position to decide whether or not to proceed.

Can I be sacked for making a compensation claim?

The law on compensation claims is clear. You cannot be sacked for making a claim. In many cases, if you work for a company with a large HR department your immediate manager is unlikely to know that a claim is being made. If you work for a smaller company they may well be aware that a claim is being made, but this should not be held against you. In such instances, it’s imperative on both sides of the dispute to ensure that a good working relationship is maintained throughout.

Employers are required by law to have insurance in place, so any claim will not leave them personally or the business out of pocket. If an accident has happened it’s imperative upon the employer to ensure that it’s appropriately dealt with to minimise the risk of it happening again.

As well as secure ongoing employment, you also have the right to be placed on lighter duties until you have fully recovered.

What if my claim causes bad relations with my employer?

As discussed above, the majority of responsible employers will accept that a valid claim is something to be handled carefully, rather than taking it personally. In larger companies, there will usually be a well-worked out procedure for handling claims, and your own claim will be treated accordingly.

In some smaller businesses, relationships can suffer as a result of a claim being made. If this results in the employee becoming harassed or unfairly treated, you may feel you have little choice but to resign. If you have in effect been forced out by your employer then you may have a case for constructive dismissal. If you wish to make a constructive dismissal claim, then this will need to be made within three months of resigning.

Don’t hesitate. Get advice.

The experienced team of compensation claim specialists at Mark Reynolds can give you advice, assess your claim and help you through the entire process. Call 0800 002 9577 or contact us online to get things started.

Medical negligence can occur at any stage when receiving medical attention, from consulting the GP to surgery and follow-up care. Medical professionals have a duty of care towards their patients and if that duty of care is breached the medical body should be held responsible.

It can happen in a number of different ways and here we’ll explore some of the most common in more detail.

Misdiagnosis or delayed diagnosis

Medical misdiagnosis, either by a wrong diagnosis or no diagnosis whatsoever, can lead to potential delays in treatment. This can lead to serious long-term injury, or in some cases a worsening medical condition. Misdiagnosis in cases of cancer can lead to the chances of recovery being seriously reduced.  As a result, misdiagnosis or delayed diagnosis is a serious area of medical negligence and levels of compensation will usually reflect this.

Negligent cosmetic procedures

Despite being a huge and growing market, cosmetic surgery is not as strictly regulated as other areas of healthcare. This means that patients can be at greater risk of negligent surgical procedures. When it occurs the results can be devastating, emotionally, physically and financially. Often money will have to be spent putting right the damage caused by negligence, and levels of compensation will usually reflect any costs incurred.

Mistakes during dental work

Dental negligence can be painful, traumatic and costly to rectify. In some cases it may require extensive dental work to put right the damage. It may include misdiagnosis or delayed diagnosis, as well as nerve injury and botched cosmetic dentistry.

Incorrect surgery

Errors during surgery can be intensely traumatic, painful and life-limiting. It occurs when a surgeon makes mistakes that leave you with further problems or injuries. Your surgery and aftercare should always meet certain professional standards. If it doesn’t you may be able to make a medical negligence claim.

Care home injuries

Care homes should be places of safety but sometimes accidents do occur. Sometimes errors can occur in the administration of medication, or injuries can be sustained through inappropriate lifting, avoidable falls or neglect.

Pressure sores

Prolonged pressure on certain parts of the body can result in ulcers developing, typically in areas where the bone is close to the skin such as the lower back, elbows and shoulders. Pressure sores are graded from 1 to 4, with 1 one being the least serious and consisting of skin discoloration, up to 4 which can be a very deep wound that may reach the bone or the muscle.  They occur when a patient isn’t moved and is incapable of doing so themselves due to injury, they aren’t provided with a pressure-relieving mattress and their condition isn’t adequately monitored.

Birth injuries

If a woman giving birth isn’t given the appropriate care and attention, injury can be sustained both to herself and her baby. In both cases, this may constitute medical negligence and the consequences can range from temporary pain and discomfort to severe psychological trauma and life-changing injury.

These represent a snapshot of some of the medical negligence claims that can be made. At Mark Reynolds Solicitors. our specialist medical negligence services can provide confidential advice, assess the strength of your claim and help you achieve the maximum compensation for your injuries.

Call 0800 002 9577 or get in touch via our contact form.

If your rental property has deteriorated in terms of repair from what it was at the time your tenancy began and you’ve notified your landlord in writing, you may be able to make a housing disrepair compensation claim.

After receiving notification, your landlord will need to be given reasonable time to correct the situation. If they still fail to carry out the necessary repairs, you can then claim compensation.

How does housing disrepair compensation work?

The amount of compensation a tenant may receive is based on a number of different factors. The length and the severity of the housing disrepair issue will be considered, and how it impacted on you and your household on a day-to-day basis.

The compensation will take into account the cost of the required household repairs, as well as any legal costs associated with making the housing disrepair claim. A crucial component of the calculation will be the ‘pain, suffering and loss of amenity’ caused by being resident in a property with a disrepair issue or being forced to vacate it.

What is ‘pain, suffering, and loss of amenity’?

If the housing disrepair has led to a tenant suffering physically then the landlord has failed to provide them with adequate levels of living conditions which they expect in return for the rent they agree to pay.

Any issues that you faced as a result of the housing disrepair, causing pain, distress, and inconvenience, then this is defined by ‘pain, suffering and loss amenity’ including having to find alternative accommodation.

How is housing disrepair compensation calculated?

The rent of the property will be used as the basis to help calculate the value of any housing disrepair compensation. The compensation awarded will be a percentage of the rent that has been paid while the tenant resided in the property with disrepair issues. Even if rent is covered by Housing Benefits paid by the local authority, the tenant may still be able to claim compensation.

The severity of the disrepair will determine the percentage of compensation that’s received. If the property is completely uninhabitable, the compensation will be 100%. In reality, this level of payout is incredibly rare with the normal compensation range falling between 25%-50% of the rent of the property.

How might this work in practice?

If, for example, the property had a severe damp problem for a year and the rent per month was 1000pcm, the rent for the entire period would be £12000. If the claimant was awarded 40% compensation, the tenant would receive £4800.

Does your rented property have a housing disrepair problem?

If the property you’re renting has a housing disrepair issue and the landlord isn’t responding to requests for it to be dealt with, then it’s important to seek professional legal advice as soon as possible.

At Mark Reynolds Solicitors, we’ve helped tenants make successful housing disrepair compensation claims on a no-win, no-fee basis. Contact us today to find out how we can help.

A growing proportion of the UK population rents their home from private landlords. The standard of these properties varies, with the level of maintenance and repair offered by their landlord equally variable. In some cases, properties are allowed to fall into a state of disrepair and requests for repairs to take place from tenants to landlords go ignored. When this happens, tenants may feel powerless and wonder what they can do to address the issue.

Not all tenants are aware of their rights when it comes to housing disrepair claims. Landlords have a duty of care to their tenants, and they’re required by law to keep accommodation in an adequate state of repair. In most leases, the landlord will be obliged to repair, insure and maintain the exterior, the structure, and the common parts of a building that has been divided into flats.

The leaseholder will also have a range of responsibilities for the property, usually internally, and the lease agreement should clarify how those obligations and responsibilities are divided between the parties.

If a landlord hasn’t met their obligations to carry out repairs under the terms of the lease, it may be possible for the leaseholder to make a claim for a court order along with damages.

What is housing disrepair?

Housing disrepair refers to rented property that is in clear need of repair in order to make it suitable and safe for tenants to live in. Landlords are required by law to ensure that:

• The property is in a good state of structural repair.
• The property is free from mould and damp.
• The gutters and drains are clear and working as they should.
• The property is fitted with a working heating system.
• The property provides safe access to electricity, water, and gas.
• The property includes working sanitation facilities such as toilets, sinks, and basins.
• The property is free from insect and vermin infestation.

If these conditions are not met, and the landlord fails to carry out any remedial work within a reasonable amount of time, then this could be considered housing disrepair.

Housing disrepair may include damp, mould, leaks, condensation, drainage, internal or external flooding, brickwork repointing, loose or missing tiles, structural cracks, vermin infestation, problems with boilers, poor ventilation, lack of heating, and no running hot water.

When housing disrepair occurs the responsibility for rectifying the problem falls to the landlord, whether they are a private landlord, housing association, or the local authority.

What is the housing disrepair protocol?

The Housing Disrepair Protocol sets the stages that tenants need to follow in order to make a compensation claim against their landlord in the event of housing disrepair issues at the property which are left unaddressed.

The Housing Disrepair Protocol is most commonly applied to tenants who are letting their property, either from a private landlord or social housing authority, but it can also apply to English and Welsh leaseholders.

The Protocol details the conduct that courts will expect the various parties to follow in a housing disrepair claim, in order for legal proceedings to begin. The aim of the protocol is to ensure that information is exchanged in a timely manner and to increase the chances of a quick resolution.

Before the Housing Disrepair Protocol can start, the landlord must receive notification about the disrepair, and then be given enough time to deal with it. The courts expect legal action to be the last resort and will expect parties to have considered mediation and arbitration in an attempt to resolve the dispute before it reaches the claim.

If alternative dispute resolution has been tried and the landlord has still failed to deal with the disrepair, then the leasehold may proceed to the Protocol. This will usually be done with the assistance of a solicitor.

How to make a housing disrepair claim

The Housing Disrepair Protocol steps that a tenant needs to follow are:

1. Early Notification Letter/Letter of Claim

This notifies the landlord of the claim when the full details of the claim haven’t been established. If the details have already been established, then this stage can be skipped. The letter should contain the name of the leaseholder, the address of the property, and details of the issues.

The letter should also include:

Details of any notifications that have previously been issued to the landlord, the effects of the defects on the leaseholder including any injury claim.

The name of a proposed expert who understands the issues, along with any instruction to them.

Details of special damages to bring the claimant back to the financial situation they would have been in if the issues hadn’t developed.

The leaseholder will also need to disclose if there are any relevant documents that are available. Requests should also be made for the landlord to disclose any relevant documentation they have in their possession.

2. The Landlord’s Response

Upon receipt of the Early Notification Letter or Letter of Claim, the landlord will have twenty days in which to reply. This reply should include relevant records or documents, as well as a response to the proposals set out by the expert. If the landlord does not respond, then the legal proceeding can be issued as soon as the leaseholder has adequate information.

3. Appointing an expert

The parties should attempt to agree upon the appointment of a single expert. If an agreement can’t be reached, then joint inspection will need to take place by experts representing each party.

4. Denial or admission of liability

The landlord has twenty days from the receipt of the expert’s report, the landlord is required to confirm whether liability is admitted or disputed. They may bring up any points about the lack of notice, or difficulty with access, send a full schedule of intended works, and make any offer of compensation.

If you’re renting a property with housing disrepair issues you may be able to make a claim for compensation. Whether your landlord is being cooperative or not, professional legal advice can help you negotiate the entire process.

At Mark Reynolds Solicitors, we regularly represent tenants making claims for housing disrepair compensation.  For confidential advice about housing disrepair contact us today.

Probate can seem like a complicated and at times confusing process, particularly if it’s the first time you’ve encountered it. It is in most cases a relatively straightforward process that will be concluded within a year. However, there are a number of different factors that can alter the equation.

Here we’ll take a look at probate, how long it takes on average, what’s involved and how delays might occur.

How long does probate take on average?

In most instances, probate will take between six to twelve months. However, there are a range of factors that can impact on how long this process takes. This means that without detailed knowledge of a particular case it’s very difficult to ascribe a time scale. In most cases, probate will be resolved within a year, but be prepared for it to take longer in cases that are not straightforward.

What are the processes involved in probate?

Probate begins by registering the death. You will need the deceased’s death certificate for each of the deceased’s assets. This needs to take place within 5 days in England, Wales and Northern Ireland, and within 8 days in Scotland.

You should then find out if there’s a will. The executor of the will need to apply for a document known as a grant. This gives them the right to access funds, sort out finances and distribute any remaining equity. They will also be responsible for paying any inheritance tax.

The next stage is to submit an application for probate. This can be done online or via a paper form. A probate fee, which currently stands at £215, is payable at this stage. If you complete the online application you will need to forward the will and any supporting documents independently.

Next, accounts for the deceased will need to be closed, memberships and subscriptions cancelled. Any debts will need to be paid off, outstanding debts settled before any remaining assets can be divided. If there isn’t a will, assets will be divided under what’s known as the ‘rules of intestacy’.

What might delay the probate process?

After someone dies, a probate application can sometimes be made in days if the deceased kept clear and tidy records of all their financial affairs. This is particularly the case where those affairs were relatively simple and the deceased only held assets with a small number of different institutions and the overall value of the estate was below the inheritance tax threshold.

If the deceased had a range of assets with numerous institutions or their financial affairs were disorganised, it can take considerably longer to gather all the information required to complete the application.

Any applications for estates where Inheritance Tax needs to be paid will take longer to prepare. It may be necessary to obtain professional valuations for any assets to help calculate the amount of inheritance tax that will need to be paid. This process can take a number of weeks to complete.

The speed at which an executor applies can also be a factor in the length of time. If an executor is unsure about the process, overwhelmed or is reluctant to apply for some other reason, this can lead to delays which on occasion can be significant.

Complications can and do arise, such as liabilities against the estate, locating previously unknown assets or the all too common disagreements and disputes about the content of a will. Often wills are inadequate, unclear or confusing. Homemade and DIY wills are a case in point, with many of them commonly causing these types of issues.

If there is a property to sell this can take time, with time on the market and delays through conveyancing all adding time to the overall probate process. Sales can fall through, or other hold ups in the process can all add up to significant delays.

In some instances, the executor may fall seriously ill or die during the probate process, particularly if the executor is an elderly partner of the deceased. Someone else will then need to be appointed to replace them. If an executor dies, then usually their own executor will fulfill that role.

Sometimes finding beneficiaries isn’t straightforward. If they can’t be easily located and informed, then investigations may need to be made. In some cases it can take a considerable amount of time to find any beneficiary.

Another consideration is the impact that third parties can have on the whole process. The larger the estate with more institutions and assets involved, the greater the potential for delay. If for instance, the estate contained foreign assets it may take some time to gain authorisation for their sale or transfer. If any of the deceased’s assets are held in a trust then the administration of these trusts will add time to the probate process.

Wills and probate services from Mark Reynold Solicitors

Mark Reynolds Solicitors can help you draw up a will to aid the probate process when you die. We can also provide confidential support and advice regarding the probate process.

To speak to one of our Wills & Probate solicitors in our offices situated in Warrington, Runcorn, Liverpool or Leigh, please call us on 0800 002 9577 for immediate assistance. Alternatively, contact us here.

Small businesses are the engine room of the economy. They employ over 14 million people across the UK, and whether they have a single employee or fifty people, owners need to consider employment law.  As soon as you begin taking on employees, you will at the same time take on legal responsibilities. Before any employment begins within your business, you should have a comprehensive understanding of your obligations as an employer. If you fail to comply with employment law, it’s quite possible that you might find yourself before an employment tribunal.

There is also a range of sector specific information that you need to consider if you’re to ensure your business is fully legally compliant. While some of these obligations will be highly particular, here are some of the basic considerations that business owners will need to bear in mind.

The workplace environment

A key basic legal consideration for small business owners, and one that’s all too often overlooked, is the workplace environment itself. It needs to be safe, suitable for the job intended with appropriate facilities provided for all your employees. This includes any members of staff with disabilities, with any adjustments that are necessary made and accessibility issues addressed.

These facilities will need to include toilets, washing facilities, somewhere for employees to take a break, a place for staff belongings, and freely available drinking water. You need to ensure that there’s adequate ventilation, a fire escape, and a comfortable temperature. The premises need to be well maintained.

Employment rights

As well as contractual rights and obligations that employees have, there are also a range of statutory rights that employers need to comply with. This includes several core rights:

• They must be paid at least the minimum wage.
• They must not be discriminated against at work or harassed.
• They should receive paid sick leave and paid holiday leave.
• They have the right to claim any parental entitlements such as paid parental leave.
• They should receive rest breaks
• They have a right to request flexible working arrangements
• Their contract cannot be altered unilaterally

These are the basic legal rights that all employees have but in reality most employers will offer a more comprehensive package of rights and entitlements for their employees. If you’re running a small business that is beginning to move towards employing people, you will need to have a firm understanding of what you’re required to provide and comply with.

Employment contracts

An initial duty for any new employer is to make sure that you comply with employment contract law. This sets out a range of legal obligations that the employer must abide by, and what the employee can expect in return.

A legal contract exists at the moment that someone accepts a job offer, whether or not they’ve received a written contract. It’s advisable to issue a written contract as soon as possible, so that both parties are aware of rights and obligations on both sides.

As of 6th April 2020, the right to receive a written contract is applicable from day one. This right has also been extended to anyone with working status, including both zero-hours and casual workers.

This means that either on or before starting work, an employee will be entitled to receive a range of basic information. This includes:

• The names of both employer and employee
• The date when employment began
• The date on which the employee’s period of continuous employment began
• The rate of pay and how it’s calculated
• The intervals at which they’re to be paid, such as weekly or monthly.
• Any terms and conditions that relate to the hours of work
• Sick pay and holiday entitlement
• Notice periods
• Job title or a short description of the role
• Is the job permanent or temporary
• Details of any probationary period
• Details of any training entitlement

Within two months of the employee starting work the employer also has to apply details of the following:

• Disciplinary procedures
• Any pension entitlements
• Any collective agreements that impact on terms and conditions

If an employer doesn’t comply with this requirement, employees are entitled to make a referral to an Employment Tribunal for a declaration of what their terms and conditions are. They can also apply for damages of two to four week’s pay as a result.

What differs from small businesses to large businesses?

While there are rights and responsibilities that are common to all businesses regardless of their size, larger businesses who employ over 50 members of staff have a range of other obligations, including pensions.

If your small or medium sized business is growing to a point where it may begin employing more than fifty people, then it’s important to obtain professional legal advice to ensure you’re fully compliant with the more significant set of obligations. Failure to do so for larger companies can have serious consequences.

Small businesses who employ people have less legal obligations than larger businesses, but these need to be taken very seriously. Failure to do so can have very important consequences for large companies, so if your business is growing beyond the point of being a SME then legal advice and guidance is essential.

Whether your business has a single employee or over fifty, the employment law team at Mark Reynolds Solicitors can help ensure you remain legally compliant.

For advice, information and guidance contact us today.