John was employed as a driver technician, delivering equipment to the elderly, disabled and those who have undergone substantial medical operations to assist independent living. In February last year, John was delivering a stool to a lady who had recently had a leg amputated. John had been advised by his employers that the property would be unlocked and that he should enter and make himself known to the lady. John did as he was instructed however unfortunately there was a dog in the property which he and his employers were not aware of and he was bitten.
Following the bite, John returned to his work depot where he received first aid for a simple cut. He was asked whether he had an up to date tetanus vaccination which he confirmed he did.
Sadly, on 27 February 2016, four days after being bitten, John was found unresponsive, having developed staphylococcal septicaemia, and died.
Had John been advised of the risk of septicaemia and the warning signs to watch out for, he may have sought further medical assistance. If he had received antibiotics, John may not have developed septicaemia and may still be alive today.
In February 2017, we represented John’s family at the inquest into his death, throughout which we were assisted by John Schmitt of 9 Gough Square who also acted on a pro bono basis. At the inquest it transpired that his employers had not undertaken a full risk assessment of the lady’s home, believing instead that an assessment of the property would have been carried out by the NHS or Social Services who had ordered the stool on the lady’s behalf. There was also criticism of John’s employer’s staff training and health and safety procedures.
The jury returned a unanimous verdict of accidental death and the Coroner indicated her intention for a Prevention of Future Death Report to be sent to John’s employers requiring them to make improvements to their systems to ensure that there are no similar deaths in the future.
This case highlights the dangers a bite can pose and the need to quickly seek medical advice for puncture wounds – in addition to the importance of having sufficient procedures in place to ensure all risks are identified in order to safeguard employees, such as identifying the presence of dogs, and other animals, at a premises.
The McMillan Williams Injury Team are strong supporters of the work of Families Against Corporate Killers (FACK) who campaign to stop workers and others being killed in preventable incidents. FACK assist families of those killed as they go through the process of an inquest at the Coroner’s Court which is where MW comes in, acting for the families on a pro bono basis to provide them with legal representation at this difficult time.
At MW, our mission is "To make quality legal services accessible to everyone" including bereaved families who deserve to know the circumstances of their loved ones death.
MW’s Wendy Rixon, Associate Chartered Legal Executive in our Estate and Trust Dispute Team, discusses the common issue of step-children left out of their step-parent’s Will.
Mirror Wills are a common way for married couples to deal with their estates whereby each spouse leaves their estate to their spouse and then to their children. This can work fine in a standard (nuclear) family situation; but things can go wrong, particularly in step-families.
Problems arise because Mirror Wills leave no obligation on the surviving spouse to leave their estate in any particular way. Therefore even if the couple agree (or think they have agreed) between them on what should happen to their joint estate once they have died, unless their joint wishes have been properly put into force, anything can happen. Most commonly, a step-parent has, for whatever reason, decided to change their Will after their spouse’s death effectively disinheriting their step children.
I often get disappointed step children seeking advice who believe that because their parent and the step parent made Wills at the same time, in the same vein, that these are automatically mutual Wills. This is more often than not, not the case. However, if there is clear evidence that there was a binding agreement between the couple when they made their respective Wills the court can determine that the Wills were mutual Wills and therefore the terms are binding.
So what can we do for you if you find yourself in a situation where your parent’s estate has passed to your step-parent and your step-parent changes their Will after your parent’s death with the effect that your family inheritance passes outside the family?
Firstly, it has to be remembered that in English law a testator can leave his estate to whomever he chooses to. There is no obligation in this country to leave your estate to your children or any other dependent person. Therefore, the courts are loathe to upset people’s testamentary wishes without good reason. However, if your parent had always been very clear in his/her intentions that eventually his/her estate (or part thereof) would pass to you, it is understandable that there will be disappointment if the eventual position is otherwise. Therefore, we can look at the intention of your parent at the time the Will was made and see if there is any evidence that the Will was intended to be mutual or irrevocable.
We can also consider whether you can challenge the validity of your step-parent’s Will. For instance, he/she may have lost capacity following your parent’s death and may have not known or understood the implications of changing their Will or they may have been unduly influenced to make the Will the way they did by their own family or by a new partner or a carer. You would, however, need to be a disappointed beneficiary and be able to show that you would have been a recipient under an earlier Will.
We can also consider whether you would be eligible to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 as someone who was treated as a child of the deceased or had been financially dependant on the deceased. This was originally dependant on a marriage between the testator and the natural parent but the Inheritance and Trustees’ Powers Act 2014 widened the scope in this category, negating the need for the dependency to be part of a marriage for deaths after 1 October 2014.
At McMillan Williams, Our Mission is “to make quality legal services accessible to everyone” including those who find themselves disinherited from a step-parent’s estate.
Our specialist Estate and Trust Dispute Team are here to offer a helping hand and to guide you through the process of making a claim as quickly and painlessly as possible. If you would like to take advantage of our FREE CASE REVIEW, call us today on 020 3551 8550 or email us at email@example.com.
MW Solicitors Head of Personal Injury Helen Clifford and Personal Injury Executive Timothy Pyant were featured on BBC London News last night (Monday 20th February).
They spoke about their efforts to support those affected by the Croydon Tram Crash which occurred on the morning of Wednesday 9th November 2016 at Sandilands Junction.
The process of getting full compensation for accidental injuries can take years to resolve. Our solicitors are expert in helping victims of accidents get interim payments so that they can get the help they need to begin rebuilding their lives.
Timothy Pyant said:
"It's going to be stressfull if you're not able to pay your bills on time or you're not able to pay your rent on time. There are people that are being threatened with eviction because they are not able to work and what we are trying to do is to facilitate interim payments for those people."
Helen Clifford said:
"People need to be able to pay their bills we don't want people to be ending up homeless as a result of this accident. It's simply not their fault, they are innocent victims here and they need to be supported."
Our firm has been established in the Croydon area for 34 years and we are committed to supporting our local community. To further support our clients and others affected by the tragic events of 9th Nov We are holding a Support Network Event on Tuesday 28th February 2017 at our New Addington Office.
56-58 Central Parade
If you would like to attend the event and talk to one of our team and to meet other survivors and victims families please contact Timothy Pyant on 07464 541 709 or email Timothy.Pyant@mwsolicitors.co.uk.
In his Guardian article today (17th Feb 2017), Chief Superintendent Gavin Thomas, President of the Police Superintendents’ Association of England and Wales writes:
"In 2015, 38 separate serious misconduct cases were opened against superintendents and chief superintendents. Almost half of these cases are still ongoing, up to two years later.
Of those completed, 70% resulted in no further action – not even words of advice were required. All that effort; all that angst – to find nothing had been done wrong. This cannot be a sensible way forward."
While we agree that the prompt conclusion of serious misconduct allegations against police officers is essential for the maintenance of public confidence in the police, it remains essential that concerns raised by the public are not disregarded and considered promptly.
We act for a family who have made a complaint against a police officer who inaccurately reported allegations against them on a police database. Our clients were unaware of the report that had been entered nor were they aware that the officer who had raised the report was related to an individual who had been in conflict with our clients. Our clients had no knowledge and therefore no right to reply in terms of the report.
On learning of the report, our clients were advised to complain and the complaint was initially dismissed by the police force concerned. on our advice, the complaint was appealed to the Independent Police Complaints Commission (IPCC) who have determined that the officer concerned has a case to answer and should face a misconduct hearing.
What the above shows is that it is very difficult to force the police to examine their own conduct. We must ensure that the complaints process is accessible, transparent and timely.
At MW, Our Mission is "To make quality legal services accessible to everyone" including those who have been subjected to Police Misconduct or have raised an allegation or complained to the Police.
Our experienced and specialist Actions Against the Police Lawyers can help you at every stage of the complaints process. If you would like to talk to one of our Team about your complaint or allegation, call us today on 020 3551 8500 or email us at firstname.lastname@example.org.
MW’s Head of Estate and Trust Dispute Team, Hayley Bundey, announces the arrival of Katie Woodcock to the team.
MW are very proud to announce the arrival of Katie Woodcock to the Estate & Trust Dispute Team in January 2017. Katie joins the firm from Penningtons, having formerly trained at TWM Solicitors. She will be based out of our Guildford office.
Katie has many years of experience in all aspects of contentious probate work including challenging the validity of wills, claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”), claims for constructive trusts / proprietary estoppel and specifically she has a keen interest in, and passion for, contentious Court of Protection work.
Her Court of Protection specialism covers all aspects of work assisting clients with disputes that involve a person who lacks capacity – whether because of a mental health issue (such as Alzheimer’s or Dementia) or due to a brain injury. She is specialist in all aspects of lack of capacity work, is a member of the Mencap Shared Lives Panel Review team and volunteers for her local Citizens Advice Bureau in her spare time to ensure she can reach out to the most vulnerable in society to help them through this tricky area of the law.
Katie’s Court of Protection practice covers challenges to the appointment of Attorneys/Deputies and applications to the Court to make a decision as to the residence or treatment of an individual who is unable to make those decisions for themselves. She also makes applications to the Court to approve Statutory Wills for incapacitated individuals.
Katie is a student member of the Association of Contentious Trust and Probate Specialists (ACTAPS), a further recognition of her expertise in this often complex and specialist field. She is also a keen advocate of Alternative Dispute Resolution (ADR) and specifically mediation and joins MW’s existing team who all strongly favour mediation as the preferred method of resolving contentious probate work where possible.
Examples of Katie’s successes in the past have included representing a client successfully at mediation to settle a claim by a partner under the 1975 Act , making an application to the Court of Protection to object to the appointment of an Attorney and the successful appointment of a professional Deputy in their stead and successfully applying to the Court of Protection for approval of a Statutory Will.
Katie’s addition to the Estate & Trust Dispute Team means the team is now represented in four locations across the MW network (MW Devon, MW Guildford, MW Sevenoaks and MW Worthing), joining Hayley Bundey, Sharon Bell, Hayley Prideaux and Wendy Rixon. The team continues to grow to meet the demands of their rapidly expanding client base and are ready and able to help callers with any queries they may have about their Estate or Trust Dispute.
Katie in particular will be expanding the team’s specialism in contentious Court of Protection work, building on her expertise in this field, to increase the depth of service we can offer to our clients on this key aspect of the team’s work.
On joining MW Katie said:
“I am pleased to have joined such a dynamic and forward thinking firm and specifically the exciting opportunities in MW’s Estate & Trust Dispute Team. I am looking forward to helping expand our work in the field of contentious Court of Protection work and to continue to be the compassionate helping hand that our clients need at often the most difficult times in their lives”.
At McMillan Williams, our mission is "to make quality legal services accessible to everyone" including those who find themselves in a Trust or Estate dispute.
Our Specialist Estate & Trust Dispute Team can advise you on all aspects of Estate and Trust Disputes (including TOLATA – Trusts of Property - claims) and Contentious Court of Protection work.
If you find yourself in a situation where you don’t know if you would have a claim against an Estate or need help after someone has lost capacity then our Specialist Estate & Trust Dispute Team can guide you through the process step by step and as quickly and painlessly as possible. If you would like to take advantage of our FREE CASE REVIEW, call us today on 020 3551 8500 or email us at email@example.com