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Latest blogs and legal updates

Helping you make a Will: which Will suits you?

Arguably the most important document the average person will sign during their lifetime is a Will; after all, which other document deals with all your assets and decides who will receive them after your death? Many people delay making a Will, perhaps because dying seems too remote an event, or...

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Successful settlement for surgical injury

Gemma Osgood had recently achieved settlement of a claim where our client’s bowel was injured during a hysterectomy. KP was booked in for a total hysterectomy and bilateral salpingo-oophorectomy. The operation was carried out on Tuesday 13th February 2018. It was complicated by dense adhesions and the surgeon was unable...

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“I always told him he needed a good lawyer”

Television drama has been a necessary diversion during these endless winter weeks of lockdown but a series currently showing on Sunday evenings has provided a useful case study in what not to do if you wish to ensure your family is taken care of following your sudden death. “Finding Alice”...

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Clarke Willmott successfully settle medical negligence claim

MW had a history of depression and self-harm from the age of 12. She had previously taken anti-depressants and her condition was stable. Falling pregnant in late 2016, MW attended her first antenatal appointment at 10 weeks gestation and the pregnancy was deemed low risk. At this first appointment, MW...

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Clarke Willmott successfully settle fatal accidents claim

Clarke Willmott have recently settled a claim following the death of an 19 year old boy, LW. The claim was brought by LW’s father. At the time of his death, LW had been staying at a respite centre. He had been attending the centre for many years prior to his...

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A Princely sum: the cost of getting probate valuations wrong

Prince’s estate has generated controversy since his death with reports of long-running family disputes. In the latest development it appears that the estate has fallen foul of the IRS as according to the US revenue authorities the executors have allegedly undervalued the estate by 50%. As a result the IRS...

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Landowning issues in lockdown

At the time of writing this blog, we find ourselves in the throes of another national lockdown. Lockdown 3.0 has a very different feel to the first, mostly on account of the January weather which has certainly surpassed itself with Storm Christoph being the latest to wreak havoc. Despite the...

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Why make a Will?

What happens if you die without a Will Have you ever considered what would happen if you die without a Will? Research suggests that most people would rather go on holiday than make a Will, but making a Will is arguably one of the most important things you can do for...

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Road safety week gains support of legal experts as shocking statistics revealed

Road Safety Week 2020 has unveiled some shocking statistics leading to legal experts calling for tighter road safety measures. Clarke Willmott have leant their support to the campaign, which this year has been focused on the key message of “No Need to Speed”. Organised annually by the road safety charity...

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Farming divorces and collaborative law – a better way

Sorting out a financial settlement on divorce can be complicated, especially for farming families whose personal and business affairs are often inextricably entwined. However, this does not mean that it can only be resolved through an expensive and stressful court battle. Alternative Dispute Resolution (ADR) offers several different ways of...

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Trusts: not just for the super-rich

Many people associate trusts with the super-rich and the tax manoeuvres of large multi-national corporations, and they are sometimes linked to tax avoidance. This means that they believe that trusts are not suitable for them and miss out on their benefits. Trusts are useful legal devices for asset protection purposes...

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Deeds of Variation and saving tax

A deed of variation is a deed entered into by a beneficiary of a Will varying their entitlement under the Will. To be effective for tax purposes, the deed needs to be made within two years of the date of death of the person making the Will and contain elections...

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Second marriages later in life

Protecting your assets The Society of Trust and Estate Practitioners (STEP) recently published some research showing that over the past five years more than half of their members have seen an increase in clients wishing to use trusts to provide control and protection. STEP reports that the rise in second...

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Healthcare Safety Investigation Branch release their independent report on delays in intrapartum intervention

Approximately 650,000 babies are born each year in England and Wales (Office for National Statistics, 2019); the vast majority are delivered safely. However, England and Wales have higher numbers of babies who are stillborn and neonatal deaths compared to other high-income countries. Background to the HSIB Report In 2014 the...

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Sharp rise in stillbirths due to COVID-19

Between 9 and 15 October 2020 we supported Bliss’ Baby Loss Awareness Week. Sadly, only a few weeks after Baby Loss Awareness Week, it has been reported that there was a considerable increase in rates of stillbirth between April and June 2020 compared to the same period last year. On...

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Compensation claimed for incorrectly performed pinnaplasty

On 27 November 2006 the Claimant was seen in the plastic surgery clinic, aged seven. It was noted that he had prominent ears and was a suitable to have his ears pinned back. The risks of surgery were explained to his parents and the surgery was performed on 27 March...

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Re-balancing generational wealth

Whilst perhaps a little while ago now, in 2016 the then housing minister suggested that the generational inequality between the so-called baby boomers and the millennials might be reduced if parents were to leave their properties to their grandchildren (rather than to their children) in their Wills. This suggestion remains...

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Causes of stillbirth | Baby Loss Awareness Week

Most common causes of stillbirth Around 60% of stillbirths are unexplained meaning that the doctors do not know why the baby died. Where there is an explanation for the stillbirth it is usually caused by one of the following: Congenital abnormality Placental factors for example placental abruption and pre-eclampsia Infection...

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Steps for navigating a stillbirth or neonatal death case

This week is baby loss awareness week, 9 – 15 October 2020. If you have questions or concerns about how your baby died and whether the stillbirth or neonatal death could have been avoided, then we are here to help. We are experts at investigating stillbirth and neonatal death cases....

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Psychological impacts of stillbirth | Baby Loss Awareness Week 2020

This week, Clarke Willmott are aiming to raise awareness about baby loss in the UK through Baby Loss Awareness Week 2020. There are numerous psychological impacts of stillbirth, especially as part of the parent’s future has now changed significantly due to the loss of their baby, and many stillbirths occur...

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