Lifetime gifts are assets you give away before you die. Examples of lifetime gifts include:

• money
• investments
• artwork
• cars
• jewellery
• shares in a business 
• payments to a life assurance policy that is not for your benefit or does not pay out to your estate 

If you survive the gift by seven years or more, then it is not normally subject to inheritance tax when you die. It is important that you do not retain any benefit of the gift, or inheritance tax will be due. Gifts that you make within seven years of your death may be subject to inheritance tax.  Transfers into Trusts are also subject to the seven year rule, however the inheritance tax position is more complex and legal advice should be obtained. 

How can I make an Inheritance Act 1975 claim?

You might be able to make a claim through the Inheritance Act 1975 if:

• you were left out of the will
• you were included in the will, but it didn’t make sufficient provision for you
• you have not inherited due to intestacy rules.

If you are the spouse or civil partner, you are entitled to such financial provision as is reasonable in all circumstances. For anyone else wanting to bring a claim, it is a case of such reasonable financial provision as is necessary for their maintenance, and within the constraints of what the estate can provide.  What constitutes ‘reasonable’ provision is very much dependent on the facts and circumstances in question. It would therefore be sensible to obtain legal advice first if you are thinking of bringing a claim. 

A probate caveat is a means to stop a probate application, for example if there is a dispute about the will or the persons applying for probate.  In order to enter a caveat, it is necessary to make an application to the Probate Registry.

Most medical negligence claims are settled under a ‘No Win No Fee’ agreement. This means you won’t have to pay for any legal costs, or costs associated with your claim, unless you are successful. If your claim is successful, the costs are paid from your compensation amount.

Tees takes many medical negligence claims on a ‘No Win No Fee’ basis. Most of our claims are funded using a conditional fee agreement. With this arrangement, if you lose your case, it should not cost you a penny. If you win your case, we will recover most of the costs from the defendants.  There may be some deductions from your compensation for costs, but we guarantee that these will be no more than 25% of the total compensation recovered.

You will receive at least 75% of the compensation awarded. 

No, we do not charge for the initial assessment. If we are able to take the case beyond the initial assessment, we will then discuss funding options with you such as legal aid, before the event insurance, or a no win no fee agreement. If, as part of the initial investigation, we request medical records on your behalf, you may need to pay for the postage and packaging of these.

Most of our claims are funded using our funding package which means, if you lose your case, it should not cost you a penny.  The package includes a conditional fee agreement, a loan facility, and after the event insurance. If you win your case, we will recover most of the costs from the defendants and we will deduct a success fee and any unrecovered costs from your compensation. The costs that are deducted from your compensation will always be limited to a maximum of 25% of the total you receive, guaranteeing that you will receive at least 75% of the compensation awarded. 

There is no need to change doctor if you want to make a medical negligence claim. 

However, if you are concerned that the relationship with your GP or healthcare provider has broken down it may be sensible to request you are treated by an alternative clinician. 

Bringing a claim will not put individual doctors out of pocket if they are employed, because their employer, or their own insurance, will indemnify them. This may be different in certain circumstances, for example when the treatment is question has been obtained from a private doctor.  

You can make a complaint about your doctor or hospital treatment via the NHS complaints procedure, or to the General Medical Council (GMC) or Nursing and Midwifery Council (NMC). 

Writing a complaint is often the first step we advise, because reviewing the Letter of Response can be useful in evaluating the merits of the potential claim. If you need help making a complaint, a medical negligence solicitor can help you fill out the form and guide you through the process.

When your solicitor has all your medical records they will usually instruct independent experts to prepare detailed reports into the care you received. The reports form the basis of the case. The medical expert is there to support the legal expertise of your solicitor, supporting your claim with medical knowledge and facts.