Latest insights and legal updates
The case of a £100 million estate and a £140 Will In the recent case of Reeves v Drew & Ors  EWHC 159, a private client solicitor had to explain to the court that he charged a multi-millionaire client just £140 plus VAT to prepare his Will because he...Read more on What can happen when a solicitor does not follow best practice when drafting a Will?
8 September 2022
Our Medical Negligence team recently acted on behalf of a client, know as AA, after a foreign body was discovered in her abdomen AA had undergone a number of surgeries in the past. Over the years she had suffered from significant ongoing problems, the cause of which could not be...Read more on Case study: Clarke Willmott receive £16,000 in compensation for client
22 June 2022
What do LGBTQ+ families and individuals need to be aware of? In some ways the law is still evolving to encompass the different forms of family that now recognised and consequently LGBTQ+ families and individuals should be aware of their legal position under Wills and how they stand in relation...Read more on Inheritance issues for the LGBTQ+ community
10 June 2022
How to achieve the most favourable outcome At Clarke Willmott, we have considerable expertise in family law and in successfully managing complex divorce cases, especially those where the parties involved have connections with more than one country. International divorces often come with an added layer of complexity, so you can...Read more on Guide to international divorce
6 April 2022
Whilst perhaps some time ago, in 2016 the then housing minister suggested that inequality between the so-called baby boomers and the younger generation might be reduced if parents were to leave their properties to their grandchildren (rather than to their children) in their Wills. This suggestion remains relevant today given...Read more on Rebalancing generational wealth
4 March 2022
Business property relief (BPR) – all you need to know If you own business assets, business property relief (BPR) is a very valuable relief from inheritance tax (IHT) which can reduce the taxable value of those assets to nil. We look at the fundamentals of BPR and how it might benefit your...Read more on Business relief and inheritance tax
1 November 2021
NHS Continuing Healthcare is a package of care for adults aged 18 or over It is arranged and funded solely by the NHS and the patient is not liable to pay for the care. However, in order to receive NHS Continuing Healthcare funding individuals have to be assessed by Clinical...Read more on What is NHS Continuing Healthcare Provision and am I entitled to receive it?
21 October 2021
We hope that we have shone a light on #babyloss and #stillbirth Over the last week we have explored: The impact of Covid-19; The concerns being raised by midwives; The recurring themes in maternity care failures; and The ability of partners to claim for psychiatric injury. Whatever the circumstances, losing...Read more on Baby Loss Awareness Week 2021
15 October 2021
Claiming for psychiatric injury as a secondary victim. Who or what is a “Secondary Victim”? Since the case of Alcock v Chief Constable of Yorkshire Police was decided following the Hillsborough disaster in 1989, it has been well established that if certain criteria are met by the Claimant, he or...Read more on Can fathers claim for psychiatric injury following stillbirth?
13 October 2021
We all know that giving birth is painful and that when a woman is in the process of giving birth, there is little room for modesty or embarrassment. For most women once the baby is born, they will recover from the trauma of childbirth and be able to focus on...Read more on Damages awarded to mother following Obstetric Anal Sphincter Injury (OASI)
17 September 2021
Obstetric Anal Sphincter Injury (OASI) is an injury suffered by women during childbirth. OASI involves damage to the perineal and anal sphincter muscles. The more severe the injury the further into the anal sphincter the tear extends. What are third and fourth degree tears? OASI injuries are categorised as third...Read more on Obstetric Anal Sphincter Injury (OASI) in childbirth
17 September 2021
Everyone should consider how their financial affairs will be dealt with in the event of their incapacity, and, as everyone has been reminded over the past year, old age is not the only cause of incapacity; accidents and devastating illness are also possibilities that should be borne in mind. The...Read more on Lasting powers of attorney for business owners
3 August 2021
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...Read more on Helping you make a Will: which Will suits you?
3 March 2021
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...Read more on Why make a Will?
22 December 2020
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...Read more on Farming divorces and collaborative law – a better way
24 November 2020
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...Read more on Trusts: not just for the super-rich
21 November 2020
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...Read more on Deeds of Variation and saving tax
17 November 2020
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...Read more on Second marriages later in life
15 November 2020
When to involve the court in calculating child maintenance payments The current child maintenance system encourages those paying and receiving maintenance to reach a private agreement. As a starting point, there is a maintenance calculator available on the government website to provide an estimate based on the statutory scheme. What...Read more on Child maintenance payments
23 October 2020
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...Read more on Causes of stillbirth
15 October 2020