Wrigley Claydon Solicitors

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  • Remember a Charity in your Will Week 2015

    Remember a Charity in your Will Week 2015

    We are showing our support for ‘Remember a Charity in your Will Week’ from Monday 7th to Sunday 13th September 2015.

    The week, organised by Remember A Charity, aims to increase awareness of the importance of charitable legacies, and encourage more people to think about including a good cause in their Will, after they have looked after family and friends. As a campaign supporter Wrigley Claydon is encouraging its clients to name a cause close to their hearts as a beneficiary of their Will.

    As part of the national Remember A Charity Week 2015 campaign, six pensioners have already pledged their support and signed their Wills at 10’000ft, while skydiving alongside a solicitor.

    Rachel Damianou, Partner and head of Trusts, Wills and Probate at Wrigley Claydon commented, “Only a small proportion of us set our affairs in order with a properly arranged Will. Costing surprisingly little, a Will gives you the peace of mind that your loved ones will be provided for. It also gives you the opportunity to leave a lasting legacy. Legacies are the foundation of many good causes in the UK and you don’t need to leave a lot to charity to make a substantial difference.”

    74% of the UK population supports charities and when asked almost half of those people say they would be happy to leave a charitable gift in their will once family and friends are provided for. The problem is that very few actually do. If just four percent more of us did, it would generate an extra £1 billion for UK charities every year.

    Rob Cope, director of Remember A Charity added, “Gifts in Wills are the foundation of many of Britain’s charities, creating more than £2 billion for the provision of critical services each year. We hope Remember a Charity Week 2015 will reach our biggest audience to date thanks to the support of Government bodies, charities and solicitors.”

    If you haven’t already prepared a Will, stating to whom and where you would like your assets to go after your death, please contact our friendly and professional team on 0161 624 6811.

    If you would like to discuss leaving something in your Will to a charitable cause, whether adding an amendment to an existing Will, or including this provision in a new Will, we can assist you.

  • Driving while pregnant

    Driving while pregnant

    If you are pregnant and drive a vehicle, you may want to take heed of the recent research conducted by a Canadian Institute. The recent study of more than 500,000 women over six years investigated the risk of accidents both before and during pregnancy.

    Their research concluded that regrettably, pregnancy led to an increase in the chances of the pregnant woman having a vehicle accident. According to the research, women are 42% more likely to be involved in an accident while pregnant, especially during the second trimester.

    Predominantly the cause was fatigue and nausea. Surges in hormones and lack of sleep can mean that pregnant women are less alert at the wheel, or distracted from the road by aches, pains or sickness. Interestingly, by the third trimester, the risk begins to decrease. Experts put this down to more visible changes with the body, and an increased awareness that they need to treat their body with care. Dr. Redelmeier, a population epidemiologist at the University of Toronto noted, “In that second trimester, women are feeling really good. It contributes to that false sense of security. They’re rushing around to get things done before the baby comes.”

    Unfortunately we have acted for a number of women who were pregnant at that time they were involved in a road traffic accident. The pain that the pregnant woman experienced was nothing compared to the psychological trauma they underwent until they had an emergency scan and were certain that their unborn child was unharmed by the accident. However, not all women are this lucky, as car crashes are the leading cause of foetal death linked to trauma in mothers. Car accidents while pregnant can cause intense physical, emotional and psychological damage – and can often be avoided.

    Of course, not all of these accidents were the fault of the pregnant woman, and the study doesn’t mean that pregnant women shouldn’t drive. As Dr. Redelmeier notes, even at their worst, women are statistically better drivers than men of the same age. It is the responsibility of everyone on the road to ensure accidents like this don’t happen.

    However if you are pregnant, it is important to be aware of the results of this study, and take extra measures to protect yourself and your unborn child when you ‘squeeze’ behind the wheel of your vehicle. If you begin to feel drowsy or nauseous while driving, pull over as soon as you can, and never force yourself to drive anywhere if you’re not feeling alert enough to do so. Continue to wear your seat belt, and drive extra cautiously to prevent collisions with other drivers.

    If you have been unfortunate enough to be involved in an accident while pregnant, car accident compensation Manchester solicitors Wrigley Claydon can help.  Call our personal injury team on 0161 624 6811 or use our ‘Make a Claim’ form.
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  • Conveyancing costs confusion

    Conveyancing costs confusion

    The process of buying and selling property can be notoriously stressful and at times confusing. With mortgage applications and offers to negotiate, estate agents to deal with and then solicitor and conveyancing costs to work out, there’s a lot to get your head around.

    How much should a conveyancer cost?

    Conveyancing prices differ hugely and can often lead to confusion and in many cases, nasty surprises. Conveyancing costs are dependant on a property’s value, so someone looking to purchase a house worth £300,000 can expect to pay more than for a property valued at £125,000. However, this doesn’t help the average property buyer/seller when looking for a conveyancing solicitor.

    With some firms offering staggeringly low costs such as £250.00, the public can be blindsided and easily lured by these apparently low and attractive prices. However, these kind of figures are just not achievable. Many will find there are lots of hidden extras with these low prices, with some law firms even charging for each letter written, email sent or phone call made, photocopying and postage. That initial low price will quickly mount up!

    A more sensible average conveyancing figure for a residential property worth £200,000 is around the £800.00 +VAT mark. This may seem much higher than the aforementioned £250.00 but here’s how it breaks down:

    What is conveyancing?

    Conveyancing describes the legal transfer of property, from seller to buyer and covers a whole plethora of tasks.

    Your solicitor will carry out various investigations and searches for you and your mortgage lender to establish if there are any issues with the property and can advise you of what actions to take. For example there may be planning constraints or permissions on the property which will need to be addressed before you purchase it. Searches could find the property is in a known flood risk area or built on an old mining site which could over time affect the structural stability of your new property.

    Your conveyancing solicitor will help you to resolve any property-related legal issues revealed by the searches or surveys.  Your solicitor will make all the necessary legal enquiries with the seller’s solicitor and investigate the title of the property.

    Law firms offering low conveyancing prices won’t have included the cost for searches in their quote, stamp duty costs, land registry fees or what is known as disbursement costs – the levy for handling your deposit money from you to the mortgage lender and the full value of the property from the lender to the seller.

    Conveyancing services from Wrigley Claydon

    At Wrigley Claydon, we are very upfront about our conveyancing costs and what is included and what isn’t. Our quotes are for the full conveyancing service +VAT. We do not charge extras and there are no hidden fees. What we quote is what you will pay, unless of course, any further legal action needs to be taken as a result of any searches. In this instance you will be informed of any additional costs before they are carried out.

    Our conveyancing prices are very competitive in Oldham and across Greater Manchester. We are significantly lower than many city centre firms by an average of £200-300 and can offer attractive conveyancing costs to those looking to buy or sell property in the more affluent areas of South Manchester. Conveyancing prices in South Manchester are higher than we charge. No matter where you are buying or selling a property, the process is the same, and we believe conveyancing prices should be too. We offer a more personal service to all our clients in that you will have direct contact with your legal representative throughout the transaction and will not be passed to different people at different stages of the conveyancing process.

    For a competitive and fully inclusive South Manchester conveyancing quote, or anywhere else for that matter, please contact our conveyancing solicitors on 0161 624 6811.
  • Landmark Court of Appeal ruling could lead to increased numbers contesting a Will

    Landmark Court of Appeal ruling could lead to increased numbers contesting a Will

    A Will dispute case has hit the media headlines this week as it is feared the landmark ruling may have ramifications on the future of Wills as we know them.

    A Will is a declaration of a person’s intentions to distribute his or her estate and assets after their passing. Legal professionals like Wrigley Claydon stress the need for a Will to ensure property and belongings go to the person(s) you wish them to after you die. A binding Will also serves to diminish any ambiguity and limit any fallout about who is entitled to what after someones death, until now.

    Of course, Wills can be contested and often are, but the case publicised this week appears to have done a complete U-turn on the last wishes and intentions of the deceased. Melita Jackson fell out with her daughter Heather Ilott, now 54, when she eloped with a boyfriend aged 17. The fallout was never resolved and on Jackson’s death in 2004 she left her entire estate, worth nearly £500,000, to animal charities. Ilott contested the Will and after a decade long battle the estranged daughter has been awarded £164,000.

    On the face of it, it appears Jackson’s right to testamentary freedom has been compromised and could open the floodgates for other estranged children to challenge the Last Will and Testament of their parents. There is also the implications for the charity sector to consider as more than £2bn a year is left to them in legacies. However, the particulars of this case are to be considered. On overturning or varying a Will, the Courts will have to examine the needs and resources of both parties, in this case Ilott and the charities. Mrs Ilott as a person in financial need; she has five children, lives in social housing, is on benefits and has no pension. The charities however, RSPCA, RSPB, and Blue Cross, are national charities receiving millions of pounds in donations each year. It is on this reasoning that the money was awarded. The inheritance will allow Ilott to buy her rented home, with a sum of £20,000 left over for future maintenance, a figure that will not affect Ilott’s benefit claims and one the courts felt was appropriate.

    It is also claimed that Ilott made numerous attempts over the years to reconcile the differences with her mother, which were never reciprocated.

    The case only goes to highlight the importance of having a Will professionally drawn up. By consulting a solicitor like Wrigley Claydon, we can draw up further necessary documents to explain a testators wishes eg. disinheriting a child and the reasons for doing so, to help support the validation of your choices and to reduce the risk of your Will being successfully contested.

    If you feel you have a potential claim for contesting a Will, we also deal with challenges to Wills by disappointed potential beneficiaries.

    For Will writing or Will contesting legal advice, please contact our Wills, Probate and Trusts department on 0161 624 6811 or use our online enquiry form and we will get back to you as quickly as possible.
  • Partner John Porter steps down from Oldham community group ROCA

    Partner John Porter steps down from Oldham community group ROCA

    Our Partner John Porter has stood down as chair of the Respect Our Community Awards (ROCA) panel, a group that awards money and support to grassroots community projects in Oldham that improve social cohesion and reduce anti social behaviour.

    John has chaired the organisation since its inception in February 2008. His decision to stand down coincides with his departure from the First Choice Homes Oldham board later this year. FCHO is a not-for-profit housing association, managing approximately 12,000 homes in Oldham and the main funder of ROCA.

    Of the move John said, “I have given a lot of my time and myself to ROCA. I feel the time is right for to take a break from the organisation and let it be refreshed with someone new at the helm.”

    The new chair of ROCA is Jodie Barber. In John’s touching farewell card she wrote:

    [quote align=”center” color=”#999999″]I just want to say what an absolute pleasure it has been working with you on the ROCA panel. You have been an amazing Chair bringing humour to the role and making the meetings thoroughly enjoyable while ensuring we got through the business in a timely and effective way. You held the reins well while still ensuring everyone’s views and opinions were heard and your commitment to ROCA is inspirational. Thank you for leading us (not into temptation), your contribution has ensured that many community projects and activities have made a positive difference to Oldham.[/quote]

    Other ROCA members contributed to the farewell message which also included a comprehensive list of the staggering amount of projects ROCA has funded under John’s leadership.

    To learn more about the incredible work they do in the Oldham community, please visit the ROCA website.
  • Breach of Duty of Care in Clinical Negligence case

    Breach of Duty of Care in Clinical Negligence case

    By respecting the duty of confidentiality, an NHS Trust has found itself defending a clinical negligence claim in the form of a Breach of Duty of Care.

    St. George’s Healthcare NHS Trust had been treating the Claimant’s father under a hospital order. The father was diagnosed with Huntington’s Disease, an inherited condition that damages certain nerve cells in the brain but denied the hospital permission to inform his pregnant daughter. The daughter/Claimant went on to be diagnosed with the disease and claim for psychiatric damage and additional expense claiming that if she had known earlier she would have undergone the test and if positive would have terminated the pregnancy on the basis that she was owed a duty of care in negligence and that her right to a private and family life was infringed, contrary to the Human Rights Act article 8.

    It was not disputed by the Claimant that the Defendant’s duty of care was towards the father and they were obliged to respect the confidentiality of his medical information.

    The Claimant was seeking to impose liability for the omission and failure to inform her of her father’s condition but there was no relationship between the Claimant and the Defendant that meant she should be told. Nor had the Defendant assumed a responsibility for the care of the Claimant. The Particulars of the Claim did not therefore show a breach of article 8 and the Claim was stuck out.

    Breach of Duty, Duty of Care and Clinical Negligence claims can be difficult areas to navigate for those seeking to claim damages or those accused. At Wrigley Claydon, our personal injury and civil litigation teams are highly experienced in such matters and can advise and represent you in these complex cases.

    Please contact us on 0161 624 6811 / 01706 815 712 or use our online contact form and we will get back to you.
  • Is your Will up to scratch? Advice from our Wills and Probate solicitors

    Is your Will up to scratch? Advice from our Wills and Probate solicitors

    A woman is seeking hundreds of thousands of pounds compensation from Barclays, claiming the bank’s Will-writing service resulted in her losing a stake in a valuable London home.

    Barclays is contesting the claim.

    The matter has now gone to the High Court.

    Court documents show that in 2007 Ebenezer Aregbesola used Barclays’ £90 Will-writing service to create a Will dealing with his various assets including homes overseas and in London. His Will instructed half of the London home to be given to his daughter on his death.

    The property was owned jointly by Mr Aregbesola and his wife – who was not the daughter’s mother. Because of the joint ownership, on Mr Aregbesola’s death in early 2014, the property went wholly to his wife – in contravention of the wishes spelt out in the will.

    In order for the Will’s conditions to have been fulfilled, it is alleged that Barclays should have severed the joint tenancy agreement. This would have enabled half of the property’s value to pass as instructed to his daughter. Because this severance process – which the Ombudsman described as “a simple formality” – was neglected, the joint tenant, Mr Aregbesola’s widow, is legally entitled to the whole property.

    The case highlights the danger of popular, cheap “DIY” wills which are often too simplistic to reflect accurately their owner’s wishes.

    By making a Will, you can choose to whom you want to leave your estate as well as appointing guardians to look after any young children should you die whilst they are under 18. By planning ahead, you can ensure that you do not cause unnecessary difficulties for your loved ones. You can use your Will to look after everything that is important to you, including charitable causes.

    We are experts in these complex areas of law but you will find the legal advice we offer is straightforward and easy to understand. Please contact Rachel Damianou or Jyoti Patel, our Wills and Probate solicitors, on 0161 624 6811.
  • Property investors look North say conveyancer solicitors

    Property investors look North say conveyancer solicitors

    Savvy property investors and professional landlords are edging their bets further north than ever before as rental yields across the North West of the UK boom.

    Whilst property values in London continue to rise faster than the rest of the country (a staggering 19.1% jump year-on-year) and the average house price stands at £514,000, in Manchester the average price for a house is just £211,748. Despite a 58.8% decrease in the average property value, rental yields are actually higher in Manchester and the North West!

    Recent data has revealed that yields in respect of London rental properties were approximately 4.3%. Yields in the North West of England however were approximately 7.1%, a huge 2.8% higher.

    A cheaper purchase price coupled with high rental market demands means property investors are consequently looking to expand their portfolios in the region. The North West is experiencing a massive investment boom and now seems the time to capitalise on attractive property prices:

    • Manchester has agreed a devolution deal with the Government worth £1bn which will see it control its own finances in respect of housing, health care, transport and more.
    • The, albeit controversial, HS2 high speed rail will connect the North West to the capital in just 68 minutes and with further rail investment in the planning across the region, business growth in the area is expected to follow.
    • The expansion of Manchester Airport further increases the attractiveness and accessibility of the region as a place to do business.
    If you hold a property portfolio or are looking to become a professional landlord our experienced, efficient conveyancing team can provide you with a quick, cost effective conveyancing solution. Call us on 0161 624 6811 or 01706 815 712. Alternatively, you can use our online enquiry form and a member of the property team will get back to you.
  • Motor Insurance Law

    Motor Insurance Law

    Following the case of Vnuk v Triglav in Slovenia in autumn 2014, motor insurance law is set to change in regards to vehicles driven solely on private property which may now need to be covered by motor insurance.

    The case saw the claimant, farm worker Mr Vnuk, sustain injury when he fell from a ladder after it was hit by a tractor reversing a trailer into the barn to collect the hay bales that Mr Vnuk was organising. Mr Vnuk sought compensation for his injuries from the driver’s insurers but was unsuccessful. They argued that the tractor was insured for use as a road vehicle, and not as a machine on the farm, as outlined in the European Directive of Motor Insurance. The case was appealed and referred to the European Court of Justice to determine if the duty to insure “the use of vehicles” under European Law was relevant in this instance.

    The CJEU ruled motor vehicle “use” covers “any use of a vehicle that is consistent with the normal function of that vehicle”. A tractor manoeuvring on a farm yard was deemed to meet this definition.

    In the UK the European Directive is interpreted by the Road Traffic Act 1988. Here it states third party motor insurance is limited to “the use of the vehicle on a road or other public place”. There is no requirement to insure your vehicle if it is used only on private land, such as the tractor on the farm yard in the Vnuk case. Should an accident occur on private land, those injured are excluded from the compensation guarantee.

    The ruling by the CJEU means that UK motor insurance law must now implement the new definition and no longer be limited to situations where the vehicle is being used on a road or other public place. There must be a policy of insurance in place to cover any vehicle for any use providing that the use is consistent with the normal function of the vehicle.

    If you are an employee, like Mr Vnuk, or a member of the public and have sustained injury by a vehicle on private or public land, our personal injury solicitors can offer you impartial advice and help you seek compensation.

    Call us on 0161 624 6811 or use our online contact form and one of our team will get back to you.
  • Resolving Neighbour Disputes

    Resolving Neighbour Disputes

    There are no set guidelines or definition of a neighbour dispute. This is because the issues can be so varied and circumstances so individual. Here we highlight some of the more common neighbour disputes and what can be done about them…

    Common neighbour disputes

    Access to land (for repairs) – the property’s legal documents may include a ‘right to entry’ for this purpose, in which case, the neighbour must grant you access to their property/land. If no right exists and no agreement can be made, you can apply for an access order from the County Court. There is a fee for this application and we advise that you consult us at this point so we can assist you with your submission.

    Shared amenities (for access and repairs) – where multiple properties share facilities; drains, pipes, drives, gardens, paths, roofs etc usage rights and maintenance responsibility can be found in the property’s legal documents. Neighbour consent should be sought at each stage of any work. Where no agreement exists, it’s advisable to agree (formally) in advance to share the cost of maintenance and repairs between owners. A County Court access order can applied for again in this instance if needs be.

    Boundaries – see our previous article about Boundary Disputes.

    Fences/barriers – the existence of fences and barriers is not mandatory on most residential property. Where it does exist, use and repair is down to the owner. Evidence of ownership should be in the property’s legal documents or even receipts of purchase. The owner can do with the fences or barriers as they wish (so long as it doesn’t encroach on the neighbour’s property or land) without the neighbour’s consent. As the owner of said fences and/or barriers, you have no obligation to repair them, unless stated in the title deeds of the property, however you should be careful to avoid antagonising your neighbours or causing a nuisance by not repairing them. Barriers next to a street should be kept in good repair to avoid danger and/or injury to the public for which court action could be taken against you.

    Party walls – if you want to do any structural work to a wall which supports another property, you must notify your neighbour.

    Children/ball games – if damage to your property results from the action of a neighbour’s child you must speak to the parents in the first instance to resolve the matter. It could be that the parent is the one liable for any repair work. If a ball ends up on your property you should allow access to retrieve it or give it back yourself. The ball arriving there is trespass and you could be entitled to compensation for any damage it may have caused.

    Noise – if you have noisy neighbours you should speak them in the first instance. If it continues you can contact their landlord if they are a tenant, the local authority or even the police. You should also keep a diary of the nuisance. If it persists, Environmental Health may become involved.

    Parking – you have no rights to park in a particular space on a public road, it is just that, public and anyone my park outside your property whether you like it or not. However, you must always have access to your drive, even a shared one. A vehicle parked illegally which is blocking this access can be removed by your local authority or the police.

    Trees/hedges – you can ask your neighbour to prune back to the boundary any trees on their property that infringes yours, and visa versa. Your local authority has certain rights to do this if you/your neighbour refuses and they can reclaim the costs from the owner. Similarly, if tree roots are (or may) causing damage to a property, you can ask the owner for access to remove them. This is more important than it sounds as roots could cause damage to your property and result in issues with buildings insurance.

    What to do about neighbour disputes

    There are many courses of action you can take when dealing with neighbour disputes. All start with speaking to your neighbour first and trying to reach an agreement between yourselves. This is the quickest, least expensive and least stressful option. Next step is to contact the landlord if your neighbour is a tenant. Your local authority or council is the next port of call. Their planning department is the one you need for property disputes. The police can be informed in the last instance if all other methods have failed or in particularly severe cases. Abusive or discriminatory disputes should always be referred to the police.

    We suggest you speak to our civil litigation team as soon as you can see communication with your neighbour is turning sour. Our specialist neighbour dispute solicitors can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Please call the Oldham office on 0161 624 6811. You can reach the neighbour disputes Todmorden team on 01706 815 712. You can use our online enquiry form if you prefer and one of our team will get back to you.