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25% of British Wills “Ineffective.”

By McCarthy Law September 1, 2015 Wills

Only 40% of the UK’s population has a will with many people motivated to make a will to save their family financial hardship after they have gone. However, a worrying new survey has revealed that a quarter of those who have made a will has a will that is ineffective.

A study, which comes from Saga Legal Services showed that a quarter of those who have written their will have done so with no consultation from a legal professional. One in five of those wishing to create a will use an online template or purchase a will kit from a shop, whilst 5% of those who claim to have a will have just written something up without even looking at any legal framework.

The issue highlights the danger of DIY wills and the problems that can arise by creating a will without the input of a specialist solicitor.

Danger of Creating Your own Will

According to the Saga Legal Services survey one of the major reasons that people opted to create a DIY will was in an attempt to save cost, with 37% stating that they were attracted to a DIY will due to the low cost. However, many of the wills created at a low cost will be ineffective and could lead to a larger cost in the long run.

The survey showed that one in fourteen people have experienced a problem with a DIY will or know of someone who has. 46% said it led to a dispute with 39% of all those asked saying that the process took longer as a result of the DIY will.

Common Issues With DIY Wills

One of the major issues with DIY wills is that they are often rushed through or are not suitable for complex family needs. A DIY will can prove useful if you are single or have a very simple family structure. However, complexities in family circumstances can result in major issues with inheritance. Another issue is that changing circumstances are often out of date with people forgetting to update their inheritance meaning that the will can be invalid.

Even the way your will is bound can create issues, with DIY wills often being contested as it can appear that pages are missing. Emma Myers, Head of Wills, Probate and Lifetime Planning at Saga Legal Services, who authorised the report said: “If a Will is deemed invalid the estate would be dealt with under the inflexible rules of intestacy, meaning only pre-defined people inherit.

“Even if the Will is valid, the wording you use may not be clear and things may inadvertently go to the wrong people or in the wrong order, meaning that your loved ones will have to seek a court order setting out their decision regarding distribution”.

Creating a Will? Contact Us

The best way to ensure you are leaving your loved ones with proper inheritance is to contact our team of skilled solicitors and have them check your will or create one for you. We understand that creating a will is not a very joyous thought. However, it is imperative to ensure that you leave your loved ones with something when you are gone and to give you peace of mind. Get in touch today using our online contact form.

Grounds for Divorce: Why is there no gay Adultery in the UK?

By McCarthy Law August 18, 2015 Divorce

A recent campaign has been launched to change the definition of adultery when obtaining a divorce after a woman was unable to cite adultery after her husband had affairs only with members of the same sex.

Under UK law adultery can only occur between members of the opposite sex and must involve vaginal intercourse, with a campaign now underway to change the definition in the legal sense. Case law defines adultery as “voluntary sexual intercourse between a man and a woman who are not married to each other but one or both of whom is or are married.”

The woman, who spoke on BBC Radio Four stated that her husband of twenty years had numerous affairs with men throughout their marriage, however, she was forced to cite unreasonable behaviour as the reason for the divorce rather than adultery.

Campaign to Change Definition

The woman, who did not give her name to be publicised, stated that although she felt her husband had cheated and betrayed her, she was unable to cite the real reason. Although it had no effect on the financial settlement and her ability to divorce, she is campaigning to change the definition of adultery in the UK to ensure that divorce law “grew up” with the lifestyle and way of living of the 21st Century.

She has since began a campaign to change the law as she believes that many people “care hugely about the betrayal and want to know that somebody somewhere has recognised that” Despite stating that there was no shame in being gay she believes that it is important that people are honest and open to others and that marriage law is relevant to the modern day.

Although divorces differ across the UK, with England and Scotland having a number of different grounds for divorce, adultery is defined in the same way in both countries and does not involve members of the same sex.

It is not the first time that such an issue with the definition of adultery has been raised. During a focus group of the Marriage and Civil Partnership (Scotland) Act 2014, The Equality Network, a Scottish gay rights group, held focus groups with their members. However, these members didn’t feel the law on adultery needed to change. Unreasonable behaviour was considered to be sufficient.

Grounds for Divorce

In Scotland, there are two grounds for divorce, one being that the marriage has broken down irretrievably and the other that one of the partners to the marriage has an interim gender recognition certificate. Irretrievable breakdown of the marriage can be proved by adultery, unreasonable behaviour or you’ve lived apart for at least one year and you both agree to the divorce or lived apart for at least two years but one of you doesn’t agree to the divorce.

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At McCarthy Law, we understand how difficult it can be to get a divorce and we look to make the process as simple and straightforward as possible. If you wish to begin divorce proceedings, contact us today using our online contact form.

Woman Initially Left Out of Will Wins £164,000

By McCarthy Law August 6, 2015 Wills

A woman who was initially left out of her mother’s will has been awarded £164,000 in a landmark case in England.

Heather Illot was removed from her mother’s will at the age of 17 after she eloped, however, when her mother left her over £480,000 estate to three separate animal charities, she took legal action. Following a long, drawn-out legal battle, the Court of Appeal ruled that Mrs Illot should receive a third of the estate because her mother hadn’t left “reasonable provision” for her in the will.

Although the case occurred in an English court, the issue raises the importance of leaving an appropriate will and making your last wishes known.

Legal Battle

Mrs Illot’s mother Melita had refused to leave any inheritance to her daughter and had instead opted to leave her estate to the RSPCA, RSPB and Blue Cross charities. However, she had little to no connection to these charities meaning that it was possible for Heather Illot to challenge the will as Melita’s only child.

As a result of the small connection and the numerous court cases, £164,000 was given to Heather Illott following a lengthy legal battle. In 2007, Mrs Illot won the right to a £50,000 inheritance after a district judge had concluded she had been “unreasonably” excluded by Mrs Jackson. That ruling was reversed before Appeal Court judges ruled she was entitled to a share of the money.

Lady Justice Arden said Mrs Ilott’s mother had been “unreasonable, capricious and harsh” to a daughter who had always lived near poverty and had never been on holiday. She ruled she should receive a greater proportion of the estate. Although many criticised Mrs Illot’s decision to challenge the will, many solicitors stated that she was perfectly in her right to do so and that her challenge was in line with the current law.

The charities that had initially received the inheritance from Melita’s will stated that they were “surprised and disappointed” about the decision, with their solicitors saying that the ruling was a “worrying decision for anyone who values having the freedom to choose who will receive their property when they die”.

Leaving a Charitable Gift in A Will

According to a poll, 35% of people wish to leave a gift to a charity in their will, however, doing so can be more complicated, with only 7% of people actually leaving a gift. Donating property or a gift to a charity can result in a reduction in the amount of inheritance tax or can be used if you have bequeathed most of your items to loved ones. However it is important that your wishes are known to your solicitor and a loved one so that they know what you are leaving behind and what is important to you. Many people try and leave a gift without having their will checked or created by a skilled solicitor, however, with such a complex process, doing so is vital.

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If you require the advice of our team of expert solicitors in regards to making or checking a will, contact us today using our online contact form.

HSE Figures Reveal Rise in Fatal Accidents in the Workplace

By McCarthy Law July 27, 2015 Accident Law

The Health and Safety Executive (HSE) have revealed that there was a small rise in the number of fatal accidents in the workplace according to their provisional figures.

The figures indicate a small rise in the number of fatal accidents from the previous year, however, the provisional figure is half of the figures than twenty years previously, with the UK remaining one of the safest places to work in the EU. The provisional numbers showed that in the last year 142 workers were fatally injured between April 2014 and March 2015 with HSE officials admitting that it would be difficult to have matched the record low of 136 fatalities from the previous year.

HSE Provisional Figures

The new figures from the HSE showed that there was a decline in the most traditional types of accidents and areas more commonly associated with fatal accidents. Compared to the 44 deaths in 2013/14, and the average 45 deaths over five years, the number of accidents in construction had fallen significantly to 35. However, while construction improved its record, areas such as agriculture saw a rise, with 33 fatalities. Furthermore, there was a growth in fatalities in previously obscure workplaces with a rise in waste and recycling. Many experts state that this is due to the growth of recycling and new plants opening up.

The report from the HSE also found that there was a higher fatality rate in Scotland and Wales than in England, however, experts have stated that this is merely down to the breakdown of employment, with Scotland and Wales having more workers in high-risk occupations.

HSE Chair Judith Hackitt said: “It is disappointing last year’s performance on fatal injuries has not been matched, but the trend continues to be one of improvement. Our systems and our framework remain strong as demonstrated by our performance in comparison to other countries.

“Every fatality is a tragic event and our commitment to preventing loss of life in the workplace remains unaltered. All workplace fatalities drive HSE to develop even more effective interventions to reduce death, injury and ill health.”

Accidents in the Workplace

Sadly, accidents in the workplace remain common, and even though fatalities have decreased in the last few years, millions of people were injured in the workplace through no fault of their own. Construction sites, agriculture areas and many other workplaces have serious accidents due to a lack of health and safety procedures and poor organisation. Many people believe that if they are injured in their work, they cannot make a claim or run the risk of losing their job, however, this is not the case. If you are injured through negligence, you have the right to hold those responsible. Your employer will not be able to dismiss you or take legal action or else they run the risk of facing an unfair dismissal.

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Our team specialise in making personal injury claims, whether it be in the workplace or public. If you believe you have the right to make a claim and obtain damages, get in touch today using our online contact form.

Barclays Facing Legal Action Over Low Cost Will

By McCarthy Law June 30, 2015 Wills

A daughter who claims that Barclays botched her father’s will is taking legal action after the will deprived her of half of her father’s London property.

Tinuola Aregbesola is seeking hundreds of thousands of pounds in compensation after a will from Barclays will-writing service resulted in her losing her stake to her father, Ebenezer Aregbesola’s property.

Ebenezer Aregbesola had used Barclays’ £90 will-writing service to state what happened to his estate upon his death. According to this will, which divided most of his London and overseas properties, half of his London home was to go to his daughter Tinuola. However, the property was owned jointly by Mr Aregbesola and his wife, who was not Tinuola’s mother. As a result of this dual ownership, the property went wholly to his wife upon his death despite his will stating otherwise.

According to experts Barclays, or solicitors working for the service, should have severed the joint tenancy agreement, which would have enabled half of the property’s value to pass as instructed to his daughter. Failure to do this, however, passed the property on to Mr Aregbesola’s widow, who is legally entitled to the whole property.

Legal Battle

According to many media reports, Barclays was found at fault by the Financial Ombudsman and ordered to pay a “fair and reasonable settlement.” The bank opted to ignore this recommendation opting to take the case to the High Court.

The Ombudsman concluded: “The half-share in the property in London cannot be gifted to Miss Aregbesola in accordance with the late Mr Aregbesola’s wishes.

“There is no subsequent right for this to be contested with the co-owner in a court of law. Had the bank referred Mr Aregbesola’s will instruction form to its solicitors I am aware [the solicitors would] issue the notice of severance as a matter of good practice.

“To resolve the complaint we would usually ask the bank to put the consumer back in the position they would have been had the correct steps had been taken in the first instance.

“Unfortunately, the share in the property in Balham is incapable of being gifted now. Therefore, I would ask Barclays to come up with a settlement that would fairly and reasonably resolve the complaint – taking into consideration the value of the property and the intended gift.”

Barclays, however, stated that they would oppose the review as the will-writing division was not regulated and did not have to adhere to the Ombudsman’s findings

Danger of DIY/Low-Cost Wills

The story, which gained significant media attention, highlights the issue of DIY and low-cost wills. While DIY wills may seem tempting rather than spending a few hundred pounds ensuring your assets and estate is safe when you die, many schemes result in much higher costs in the long term and for those you leave behind. The wills struggle to properly deal with complex family arrangements, remarriage and property divisions. If you wish to make a will, the best to ensure it is legally watertight is to have it reviewed by a skilled solicitor.

As well as this, according to experts, such services such as Barclays will-writing service offer low prices “because these organisations aim to profit from the fees generated by administering the estate as executor, after the testator’s death.”

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If you require assistance or legal advice regarding the creation or the reviewing of a will, contact us today using our online contact form or call us today on 0141 337 6678.

Glasgow Bin Crash FAI Expected to Start in July

By McCarthy Law June 17, 2015 Accident Law

A fatal accident inquiry into the Glasgow bin crash that killed six people before Christmas is expected to start at the end of July.

The hearing will begin on July 22nd after preliminary hearings and could last at least five weeks. The accident involved a Glasgow City Council bin lorry that collided into pedestrians in the heart of Glasgow days before Christmas. Six people were killed, and others seriously injured following the crash in George Square.

The fatal accident inquiry will look at the driver’s medical background and technical aspects relating to the lorry and the accident.

Right to Know

The FAI has been welcomed by the families of the victims of the accident. Matthew and Jacqueline McQuade, who lost their daughter and Jacqueline’s parents in the accident stating that the FAI would hopefully provide them with some closure and give them answers above how their loved ones died.

Mr McQuade said: “If my daughter had been murdered, there wouldn’t have been a stone left unturned.

“This fatal accident inquiry and the way it is handled is now the most important thing to us.

“We feel that the investigation should have lasted longer. We need the truth, and we need answers.”

A Crown Office spokesman said: “We appreciate how terribly devastating this incident has been on all the families involved and we assure them that we are doing everything possible to ensure that the forthcoming fatal accident inquiry, led by the Solicitor General, will provide them with the answers they deserve.”

Potential Reforms to Fatal Accident Inquiries

Fatal accident inquiries can be launched into numerous incidents and are compulsory when relating to a death in a workplace or the death of a person in custody, however, FAI’s can also be launched in unexpected or unknown deaths. This allows investigators to try and access exactly what happened to lead to the deaths.

MSPs are considering making changes to the Fatal Accidents and Sudden Deaths (Scotland) Bill which could see specialist sheriffs and centralising the system, however, such a move has been opposed by the Sheriffs’ Association. In a statement they said: “It seems to be envisaged that sheriff principals will no longer conduct inquiries”.

“The designation of specialist sheriffs is likely to lead to the centralisation of FAIs and the grouping of specialist sheriffs in only a small number of courts or specialist FAI centres. We would strongly oppose such a move.’’

As well as potentially centralising the system, there has been a call to introduce mandatory FAI’s for the death of any children that die in care and for those that die when abroad.

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If you require legal advice regarding a fatal accident inquiry or any accident law, our team of expert solicitors can help. We understand the complexities that can arise when dealing with a fatal accident inquiry or personal injury claim and can give you the support and advice needed. Contact us today using our online contact form.

Lawyers Warn Edinburgh Council Over Accidents Due to Tram Tracks

By McCarthy Law June 2, 2015 Road Traffic Claims

Lawyers have warned Edinburgh City Council that they must take preventative action in order to prevent a fatality.

According to many experts, the nature of some of the turns on the road as well as the placement of the tram tracks means that a fatal accident is imminent. One law firm has stated that it has over 100 claimants taking legal action against the council, with experts warning that there are more injuries as a result of tram tracks and road traffic accidents.

Despite defending its safety record, the city council are facing compensation claims of hundreds of thousands of pounds.

Injuries to Cyclists

In January, it was reported that at least sixty cyclists were taking legal action against the council following falls as a result of the tram tracks. Injuries included broken jaws, cheekbones and collarbones as well as collisions with other vehicles attempting to evade trams.

Many of the cyclists are injured as a result of tram tracks going directly through cycling lanes with the turn at Edinburgh’s Haymarket considered to be the most dangerous area of the city’s tram network. The area of the track in question presents a rather sharp bend with many cyclists getting their wheels stuck in the tracks, skidding, colliding with trams of falling off their bike as a result of the turn. Due to the vulnerable nature of cyclists, they are more likely to be seriously injured if they fall off their bike or are struck by another car.

Some cyclists have required surgery as a result of their falls with many having serious injuries and lasting damage.

Need to Accept And Adapt to Tram According to Council

Edinburgh’s city council have stated that the best way to avoid any accident is to take any turn near a tram track as close to a right angle as possible, and have defended their safety record. City of Edinburgh Council transport convener Lesley Hinds said: “We have always encouraged cyclists to take care when travelling near the tram tracks, especially during wet weather when they can become slippery.

“The council advises that it’s best to cross the tracks as close to a right angle as possible and to take extra care to avoid getting wheels caught in between the rail grooves.

“We have also installed signage which helps to guide cyclists along the safest possible routes.”

Making a Personal Injury Claim

While many cyclists are making claims for their injuries, it is worthwhile noting that you do not only need to make a claim for your injuries, but can also claim for damage to property, any rehabilitation costs or any loss of employment as a result of your injuries. If you have been injured cycling in Edinburgh as a result of the tram tracks or anywhere else through no fault of your own, you will be able to make a personal injury claim.

In order to make a personal injury claim it is imperative to have as much evidence as possible including key details about the accident, a medical report and any proof or witness statements about the accident.

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To begin a personal injury proceeding, contact our team of specialist personal injury lawyers to find out how you could make a claim. Get in touch today using our online contact form.

Accident Report Rules Plane Was Overweight

By McCarthy Law May 19, 2015 Accident Law

Unrecorded modifications and carrying too much weight was the main reason for a fatal plane crash on Bute, which killed one and left another seriously injured.

Modifications to the plane including heavier propellers and the installation of an autopilot system meant that the plane did not comply with its Permit to Fly according to the Air Accidents Investigation Branch.

The pilot, who survived the crash, stated that the plane lost power, perhaps as a further result of the modifications, and could no longer climb.

Despite the best attempts to bring the plane safely back on the runway, it crashed into the ground and burst into flames. The pilot survived with 40% burns but was unable to save the other passenger.

Fatal Accident

The incident killed 63-year-old Thomas McGowan, who suffered 80% burns as a result of the accident. Although the accident report stated that there was no significant impact injuries, it did rule that the modifications made to the plane and the additional weight were not the only reason for the crash.

The report said: “G-EWZZ was a home-built aircraft that had been fitted with unrecorded modifications, which meant that it was not in compliance with its Permit to Fly.

“Calculations show that with these modifications the aircraft was likely to have been over its approved MTOW of 600kg when it departed Bute.

“The pilot reported that the aircraft flew satisfactorily on the outbound flight to Bute and that it was during the climb from the airstrip on the return flight to Strathaven that he experienced the symptoms that caused him to believe that he had a partial loss of engine power.

“The lack of performance could have been due to a combination of factors including a technical fault, handling and aircraft weight.”

Video Evidence Suggesting Other Error

Video footage shows that the engine is still running when the plane is down leading investigators to believe that the plane was still producing power and that there could have been a degree of human error or an issue with the plane.

Due to the wreckage it has been difficult to establish what caused the incident and if there was an issue with getting power to certain parts of the plane with the The AAIB stating that damage to the engine and aircraft fuel system meant that it was not possible to establish if there had been a power loss.

The parachute system that was in place on the plane was not used. It awaits to be seen if a fatal accident inquiry will be launched into the accident.

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If you have been in an accident that is not your fault and seriously injured as a result, or if you have lost a loved one in an accident as a result of what you believe is negligence, we can help. At McCarthy Law, we specialise in personal injury claims and fatal accident inquiries and can give you the support and advice you need. Get in touch through our online contact form today.

High Court Battle After Pensioner Leaves £500k to Builder

By McCarthy Law May 5, 2015 Wills

A pensioner has left £500,000 in his will to a builder who cleared out his gutters and did other jobs free of charge for him.

Danny Sharp was left a substantial sum from lifelong bachelor Ronald Butcher after visiting the pensioner after he cleared his gutters free of charge. Following the “nothing job” in 2007, the builder and boxing coach continued to visit the pensioner.

According to the family and friends of Mr. Butcher, his estate was to go to his family and friends however Mr. Butcher had changed his will two months prior to his death. Despite the change and handwriting experts stating that it had been the signature of Mr Butcher, the case was taken to the High Court.

Change of Will Following “Not Fit State of Mind”

Mr. Sharp discussed his visits to Mr. Butcher in the High Court stating that they had a mutual interest and a keen interest in sport, and his son Archie Sharp, who boxes for England. The cousin and friends of Mr Butcher, who were set to receive the money in his will in 2011, claimed that Mr. Butcher did not like sport deemed the inheritance to Mr. Sharp as “ludicrous and absurd”. They insisted that the builder “knew more about the will than he is letting on”. Despite this the claim that Mr. Butcher was not in a fit state of mind when he changed his will was dismissed by the judge.

Judge Lesley Anderson QC described Mr. Sharp as “a truthful and straightforward witness”.
She added: “I find that Danny was kind to Mr. Butcher, calling on him and doing odd jobs for him without charging.

“Mr. Butcher was kind to Danny, indulged his passion for talking and their real shared interest was their mutual chat, banter and human interest stories, such as Archie’s success.”

The judge also stated that there was “nothing suspicious” about the will and accusations that the pensioner’s signature was a forgery had been disproved by expert handwriting evidence.

The judge said: “Danny described Mr. Butcher as being a bit lonely, and it seems to me that this description pretty much hits the mark.” She did, however, accept that the decision would be difficult for the family to deal with.

The Importance of Planning

The case highlights the importance of planning for death and ensuring that everything is in order to ensure that your final requests and loved ones are cared for. Having a legally valid will that has been reviewed by a solicitor gives you peace of mind in knowing that your loved ones are being left something when you are gone. It is good practice to ensure that someone who is in the will, perhaps a close sibling or partner, is also informed of your last requests and the division of your estate. While it may be tempting to not pay out on solicitors fees and create a DIY will (which is a cheaper alternative in the short term) if you have complex family circumstances and the will is completed incorrectly, or if your will is to be contested, then the costs of amending what should have been a simple process can be expensive once you are gone.

In planning for your future our solicitors can help you create a legally valid will that accounts for any complexed financial or family circumstances.

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For advice on making a will or planning an inheritance, contact us today using our online contact form or call our team on 0141 337 6678.

New FAI Bill Will Grant Investigations Into Scottish Deaths Abroad

By McCarthy Law April 28, 2015 Accident Law

The proposed Inquiries into Fatal Accidents and Sudden Deaths (Scotland) Bill will grant measures to allow fatal accident inquiries to be conducted for Scots who died abroad.

The Act will outline a procedure for an inquiry when the body is repatriated to Scotland at the discretion of the lord advocate.

In order to carry out a Fatal Accident Inquiry (FAI), the lord advocate must look into certain aspects such as the investigation carried out. If the advocate believed that there was no clear cause of death, any suspicion around the incident, or if the incident had been investigated properly, then an FAI would be possible.

Imposing Legal Recommendations

The proposals that have been brought forward to the Scottish Government finalise the recommendations of Lord Cullen’s Review of Fatal Accident Inquiry Legislation in 2009. Some of the recommendations from the review applied directly to the Crown Office and Procurator Fiscal Service. It is hoped that implementing this recommendation can lead not only to closure for numerous families, but improve and modernise some aspects of the legal system.

Granting discretionary Fatal Accidents Inquiry was one of the 36 recommendations made in the report following numerous campaigns following deaths of Scots abroad. Julie Love had petitioned the Scottish Government for a change after her son died in a drowning accident in 2009 and was alarmed that an FAI could not be carried out. Despite his death, the investigation into his death did not give a clear indication of what cause the death of her son.

Improves FAI Process

James Wolffe QC, Dean of the Faculty of Advocates, said: “I welcome the publication of this bill, which will modernise and update the legal structures within which fatal accident inquiries are undertaken.

“Fatal accident inquiries are an important part of our judicial system. They secure an independent and public inquiry into the circumstances of a death.

“The bill largely implements recommendations made by Lord Cullen in his review of the fatal accident inquiry legislation.

Community safety and legal affairs secretary Paul Wheelhouse said: “Fatal Accident Inquiry Legislation needs to be brought into the 21st century, and this bill will undoubtedly improve the FAI process in this country.

“While the decision on whether to hold a Fatal Accident Inquiry rests with the Lord Advocate, our bill means that other families might not have to go through the same agonising struggle for answers regarding the circumstances surrounding the death of their child.

“The fact that those who receive recommendations from Sheriffs will now have a statutory requirement to report back also means the process will be much more robust, accountable and efficient.”

Contact Us

If you require assistance in launching a Fatal Accident Inquiry following the death of a loved one, our team have the experience to support you through what can be a difficult and complex process. To find out how we can help or for any legal advice on the matter call us on 0141 337 6678 or 07988 905 198 or complete our online enquiry form.