Insights

Latest insights and legal updates

What can happen when a solicitor does not follow best practice when drafting a Will?

The case of a £100 million estate and a £140 Will In the recent case of Reeves v Drew & Ors [2022] 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...

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Case study: Clarke Willmott receive £16,000 in compensation for client

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...

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Inheritance issues for the LGBTQ+ community

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...

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Guide to international divorce

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...

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Rebalancing generational wealth

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...

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Business relief and inheritance tax

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...

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What is NHS Continuing Healthcare Provision and am I entitled to receive it?

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...

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Baby Loss Awareness Week 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...

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Can fathers claim for psychiatric injury following stillbirth?

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...

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Damages awarded to mother following Obstetric Anal Sphincter Injury (OASI)

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...

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Obstetric Anal Sphincter Injury (OASI) in childbirth

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...

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Lasting powers of attorney for business owners

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...

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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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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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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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Child maintenance payments

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...

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Causes of stillbirth

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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