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Widow secures six figure sum after 5 year delay in diagnosing husband’s brain tumour

Posted on by Sarah O'Sullivan
Nick’s Tragic Story: A delayed diagnosis and its consequences

Nick suffered a massive stroke when doctors attempted to remove a tumour that should have been diagnosed and treated several years earlier. Tragically, he passed away a few years later from a cardiac arrest.

Pursuing a Medical Negligence Claim

Janine Collier, Partner in Tees’ medical negligence team, supported Nick’s widow in pursuing a claim against Nick’s optician and ophthalmologist. The claim was based on a delay in investigating a visual field defect, a known indicator of a brain tumour.

A life full of promise

Nick, a man in his 40s, was fit, healthy, and happily married to Barbara. He had always worked hard to provide for his family, and together, they looked forward to a long and fulfilling retirement.

However, their plans were shattered when Nick was diagnosed with a brain tumour and subsequently suffered a catastrophic stroke due to surgical complications.

The initial warning signs

Years before his diagnosis, Nick visited his local optician for blurred vision in one eye. After conducting a visual field test, the optician diagnosed him with a lazy eye. Despite Nick’s concerns, the optician referred him to the ophthalmology department at his local hospital.

The ophthalmologist concluded that Nick had impending presbyopia, a common age-related vision condition, and discharged him without further investigation.

A devastating diagnosis

More than five years later, Nick experienced blurred vision, speech difficulties, and weakness in his arm and leg. Brain imaging revealed a pituitary adenoma, a brain tumour pressing on critical structures.

As Nick’s condition worsened, he underwent surgery to remove the tumour. Due to its size and invasiveness, only a partial removal was possible. Sadly, during a subsequent surgery, Nick suffered a major stroke, causing permanent damage.

Living with the aftermath

The stroke left Nick with severe mobility and vision impairments. No longer able to work, he relied heavily on Barbara for care. Despite these challenges, the couple faced their new reality together.

Unexpectedly, Nick passed away four years later from a heart attack.

How Tees supported Nick and Barbara

Nick and Barbara were devastated by the diagnosis and its consequences. They suspected the tumour should have been identified sooner and approached Tees for legal advice.

Janine Collier said, “When I met Nick and Barbara, I was struck by their resilience and devotion to each other. I wanted to help them understand what had happened and ensure they had financial security for the future.”

After reviewing the evidence, Janine discovered that the optician had detected a visual field defect—a clear sign of a brain tumour. However, this critical information was not relayed to the ophthalmologist, who failed to investigate further.

Had the tumour been diagnosed earlier, it would have been smaller, making surgery less complex and preventing the stroke. Nick would have retained his vision and avoided the life-altering consequences.

Seeking justice

Both the optician and the hospital denied liability, leading to court proceedings. The case was eventually settled after Nick’s passing.

Barbara later expressed her gratitude: “You really have made things as painless as possible, Janine. It’s been hard without Nick, but I know he’d be pleased that I don’t have to worry financially and can support our daughters.”

Compassionate legal support from Tees

At Tees, we understand the emotional and financial toll of medical negligence. Our experienced clinical negligence lawyers are here to provide compassionate support and guide you through every step of your claim, from the initial consultation to achieving a financial settlement.

If you believe you or a loved one have suffered due to medical negligence, contact our team today to discuss how we can help you seek justice.

Looking to secure new business premises? You need a good set of Heads of Terms

Posted on by Sarah O'Sullivan

The pandemic forced us to make fundamental changes to the way we all live and work which has in turn, created new challenges but also opportunities for businesses of all sizes  to think about how and where they do business. Many of us have got used to working from home but for most retail, manufacturing, hospitality and even some service industries, this is simply not an option, so business premises will be needed.

In order to ensure your commercial property transaction (whether it be the grant of a lease, transfer of an existing lease, purchase of a freehold or anything related) is as streamlined as possible, well-drafted Heads of Terms are essential.

In this article Jane Winfield, Partner and expert commercial property lawyer, highlights how Heads of Terms can bring clarity and focus for both parties in the transaction, as well as provide the basis for subsequent negotiations.

What are Heads of Terms?

Heads of Terms are essentially a document which sets out the terms of a commercial transaction that are agreed in principle between the parties involved. As commercial property lawyers, if we are provided with comprehensive Heads of Terms, this will enable us to create a legal document that accurately reflects what each party is looking to achieve in the transaction and the parties can then agree how to proceed by way of a definitive agreement.

If you’re about to undertake a commercial property transaction, talk to us today.

What makes good Heads of Terms?

There are different Heads of Terms for different transactions. Where the grant of a lease is involved, there are a number of items you will need to consider; you may need to take advice from a number of different sources including your legal adviser, surveyor, bank (if loan finance is needed), building contractor, architect or accountant.

Such items include:

  • Property – What are its boundaries?  Are you taking on responsibility for the interior and exterior under a lease?  What about air space above?  Do you need rights of access over adjoining property or the landlord’s property?  Where will you be able to park?  Are you expecting the have the benefit of any other areas outside of the property boundary?  Do you want to be able to build upwards?
  • Title to the property – What legal estate or title are you acquiring?  Does the freeholder have a good title to the property?  If you are being granted a lease, does the “owner” own the freehold or itself have a leasehold title?  If the latter, does the consent of another landlord need to be obtained?  Will there be a need to enter other separate documents with third parties, for example, deeds of covenant?
  • Length of term of a lease – How long are you likely to want to remain in that property?  Do you want to have the ability to stay at the end of the length of the term of the lease?  Do you expect to be able to vacate easily at the end of the term or do you want the right to remain at the property and to build your business and goodwill?

In commercial property leases it is common for the parties to agree a term of, say, 10 years but to include a right for the tenant to break the lease after the first five years of the term. This is called a “tenant break right”.

If you want flexibility, should you be thinking about requesting a break right?  Is it reasonable for the landlord also to be granted a break right?  If so, what is the quid pro quo for the landlord having flexibility?  What conditions are to be attached to the exercise of the break right?  How often would you want to have the break right available and on what period of notice should it be exercised?  Is the break right to be personal to you as the tenant or to anyone who may take the lease from you in the future?

  • Repair – What part of the property are you responsible for in terms of repair and other tenant covenants?  Is it the interior only or the entire building?  If the latter, is there a service charge?  If the property is not in a great state of repair, do not assume that you have to give it back to the landlord in a similar state of repair!
  • Assignment and subletting – Can you transfer the lease to a third party or sublet either the whole or part to a third party?  Please note that even if you can, you will be responsible for the landlord’s costs.
  • Alterations and fit-out – Do you have plans to carry out fit-out works at the property when you move in?  If so, you should get those details agreed with your prospective landlord as part and parcel of the lease negotiations so that you can avoid having to make a separate application to the landlord for consent at a later stage.  Do you want to have the ability to carry out general alterations without landlord’s consent (and thus having to pay the landlord’s legal and professional costs)?
  • Rental – What is the agreed level of rental?  You will need to take specialist advice on this.  Will there be a rent review and how will that rent review be dealt with?  Is it on an open market “upwards only” basis or an RPI increase linked basis?  Should you be seeking a rent-free period?
  • Other security – Will the landlord expect other security, for example, the payment of a rent deposit or the provision of guarantors?  How long will the landlord hold the deposit for?  Who could stand as guarantor if the landlord requires this?
  • Service charge – Even if you believe that you will only be responsible for the repair of the interior of a property as a tenant, it is possible that you will also have to contribute towards the repair of the exterior and any other facilities under a service charge.  Do you know enough about the potential service charge before you enter into the lease negotiations?  Is it appropriate to request a service charge cap or a carve out of service charge liability in the Heads of Terms Agreement?
  • Insurance – Who will be insuring the premises and what is the cost of the premium?  What risks are covered?
  • Permitted use – What can you use the property for and will this give you enough flexibility to be able to transfer the lease in the future?  What is the impact of the permitted use on rent review provisions?
  • Costs – Is each party to be responsible for payment of its own costs in connection with the preparation of the legal documentation?  A tenant might be asked to make a contribution towards the landlord’s costs or to give an undertaking to be responsible for the landlord’s costs if the tenant withdraws from the transaction.  Have you allowed for this within your cashflow?

Are Heads of Terms legally binding?

It is important that all correspondence relating to any proposed property transaction is marked “subject to contract” so that there is no possibility that the heads of terms become legally binding and therefore constitute a contract in themselves.  Also, be aware that a contract or a lease does not have to be written for it to be binding.

Here to help

At Tees, we are very happy to advise you on Heads of Terms once they have been drafted, outlining any particular concerns and identifying any areas where further clarification is needed. We’re here to ensure you’ll be well set up for the property side of your exciting new venture.

We have many specialist lawyers who are based in:

Cambridgeshire: Cambridge
Essex: Brentwood, Chelmsford, and Saffron Walden
Hertfordshire: Bishop’s Stortford and Royston

But we can help you wherever you are in England and Wales.

Keeping gifts of money in the family

Posted on by Sophie Soraf
Increasing numbers of parents are helping their children onto the property ladder. Money will often come from your own hard-earned savings or from a family inheritance so you will understandably want to make sure that your financial investment stays within the family.

This article looks at options to assist your child’s property purchase and ways of reducing the risk of that assistance leaving the family.

What should I do when providing money to my child for a house purchase?

It is sensible to agree and document whether the money is intended as a gift or loan, or whether you are taking a share in the property. There is risk of complication if your child is buying jointly with their partner, for instance in the event of a future relationship breakdown. However, even if your child is buying alone, future complications can still arise. For example, if they later cohabit with a partner and the partner acquires an interest in the property or if there is a future dispute between you and your child.

Both you and your child should also consider making a Will or reviewing existing Wills and consider the basis on which the property will be held to ensure that the property interest and any rights you have and your estate more generally will pass appropriately.

How can I help my child financially when buying a house?

There are various ways in which you can help your child onto the property ladder, for example:

Making an outright gift

This means giving the money to your child without retaining any rights to repayment or any interest in the property. Where Inheritance Tax is a concern, it is advisable to document the gift by a Deed of Gift as evidence that the money has been given.

Gifting to a child may necessitate a change to your Will. For example, if you have other children you may wish to give more of the remaining estate to the other children to balance out the lifetime gift given to their sibling. Or you may wish to ensure that the gift is not deducted from your child’s inheritance if that is the intention.  Failure to consider and properly document the impact of the gift on your Will can lead to a result which is not in accordance with your wishes as well as the risk of future uncertainty and bad feeling within the family.

Lending funds to your child

Instead of gifting money to your child you may wish to lend funds. This gives you some protection as you will have the ability to get your money back if needed, for example if there is a relationship breakdown or if your financial circumstances change. It is advisable to enter into a loan agreement to avoid future disputes as to whether the money was a loan or a gift. Legal advice should be sought to make sure the loan complies with legal requirements.  

Acting as guarantor on a mortgage or as a joint mortgage

Some lenders may grant a mortgage where a parent acts as guarantor for their child. Acting as a guarantor means agreeing to be legally responsible to the mortgage provider for repayment of the loan if the borrowers can’t pay. Alternatively, you could be joined as a party to the mortgage, meaning you would be jointly and severally liable for it together with the other borrowers. It would be sensible to enter into an agreement with the other borrowers giving you the right to reclaim from them any monies you pay to the lender (although this will not protect you if they are insolvent). In some circumstances you may be able to take a charge over the property as further protection.

These options avoid having to provide funds upfront to your child, however they could leave you financially exposed if the other borrowers cannot, or do not, meet their future loan repayment obligations. They can also affect your own ability to borrow in the future.

Buying jointly with your child

This involves you taking a share in the property, typically in proportion to the share of the purchase proceeds you provided to your child. On the one hand, this enables you to receive any future uplift in property price on that share which you can then dispose of as you wish in your Will (or enjoy during your lifetime). However, there are Capital Gains Tax and Stamp Duty Land Tax ramifications, on which advice should be sought.

A Declaration of Trust should be completed to record the shares of each purchaser.

What happens if my child is buying a property with their partner?

It is becoming more common for young couples and/or cohabitees to jointly buy a property together. It is therefore important to consider the risk of some or all of the amount provided to your child being lost in the event of death or if there is a future relationship breakdown (particularly where the provision is made by way of gift).

Where two people own property jointly, they can opt to hold it as “joint tenants” or as “tenants in common”. If they opt to hold as joint tenants, the share in the property of a deceased joint tenant would automatically pass to the surviving joint tenant. This has the advantage of simplicity where the co-owners want to leave their shares to each other, however it would mean that the share of the deceased co-owner could not be left to their own family. Furthermore, the co-owners cannot have unequal shares in the property, so a co-owner making an extra contribution to the purchase price could not take a larger share.

Where property is held by the co-owners as ‘tenants in common’, this enables the joint owners to hold different percentage shares in the property and for the share of each joint owner to be left to their intended beneficiaries if they die via their Will.  The co-owners can enter into a declaration of trust setting out their respective shares. They should both consider who they would want to inherit their share and make Wills accordingly.

How can a declaration of trust help protect each co-owner’s property share?

A declaration of trust sets out the interests each co-owner has in the proceeds of sale of the property. This is especially important where one co-owner is contributing significantly more to the purchase price and/or mortgage repayments than the other, for example, with the benefit of a parental gift. The declaration of trust can give one co-owner a larger share of the future proceeds of sale, e.g. to reflect their additional contribution to the purchase price.

It is very important that the parties agree and properly document their respective interests in the property when it is purchased to reduce the risk of future uncertainty and disputes.

A declaration of trust can also set out other points the co-owners may wish to agree in relation to the property, for example what should happen if one of the co-owners wants to  sell the property or buy out the other co-owner.

What other issues do I need to consider when helping my child buy a property?

  • Tax – the different options for assisting your child will have varying tax repercussions for both you and your child, which should be considered in advance
  • Wills – both you and your child should consider the impact of the arrangements on your Wills.
  • Your financial position – you should consider the impact of the proposed assistance on your own financial situation; for example, whether you can afford to help and whether you might need the funds back in the future. This will impact your decision as to whether to help and the option chosen. You should consider taking appropriate financial advice.
  • Family issues – if your child goes through a divorce or separation, their assets (including the property share you have helped them with) could potentially be reduced by the family courts. There are options to protect against this, for example cohabitation agreements, prenuptial and post nuptial agreements.

We’re here to help

If you are involved in your child’s property purchase, our expert advisers are here to help you navigate the legal and tax implications. We will liaise with our Residential Property Team to fully understand your requirements and ensure the careful preparation of a Declaration of Trust to accurately reflect the ownership of the property, so that both your and your child’s financial interests are fully protected.

Tees secured a six figure settlement after client told of miscarriage and ectopic pregnancy overlooked

Posted on by Sarah O'Sullivan
Devastated by delayed diagnosis: Emma’s ectopic pregnancy misdiagnosis claim

Emma was left heartbroken when a delay in diagnosing her second ectopic pregnancy resulted in the removal of her remaining fallopian tube, leaving her infertile. With the compassionate support of Gwyneth Munjoma, a solicitor in Tees’ Clinical Negligence team in Chelmsford, Emma pursued a successful medical negligence claim against the NHS Trust responsible for her care.

A hopeful start turned tragic

Emma and her husband Simon had been eager to start a family. After experiencing two pregnancy losses, including one due to a previous ectopic pregnancy that required the removal of one fallopian tube, the couple remained hopeful. With only one remaining tube, they were determined to grow their family, though the fear of further complications lingered.

Following her first ectopic pregnancy, Emma received clear medical advice: if she became pregnant again, she should seek immediate medical attention for close monitoring.

Misdiagnosis and missed opportunities

When Emma discovered she was pregnant once more, she quickly attended the hospital. At five weeks pregnant, she reported slight vaginal bleeding but no pain. She was reassured and scheduled for a follow-up scan in five days. Despite her concerns, doctors advised her to return only if her symptoms worsened.

At her next scan, no embryo was detected in her womb. Despite a positive pregnancy test, doctors concluded that she had miscarried. Emma was instructed to undergo blood tests every 48 hours to monitor her hormone levels. To her confusion and distress, each test confirmed that her hormone levels were rising, indicating an ongoing pregnancy.

A devastating diagnosis

Four days after her third hospital visit, Emma began experiencing severe abdominal pain and significant bleeding. She rushed to A&E, where further scans revealed the heartbreaking truth — she was experiencing a second ectopic pregnancy. Her only remaining fallopian tube had ruptured, necessitating emergency surgery to remove it. The procedure left Emma unable to conceive naturally.

Pursuing justice with Tees

Struggling to come to terms with their loss, Emma and Simon approached Tees for legal advice. Gwyneth Munjoma took on their case, determined to uncover what went wrong. Independent medical experts confirmed that Emma’s care had fallen below acceptable standards. Had her ectopic pregnancy been diagnosed earlier, appropriate treatment could have preserved her fertility.

Faced with overwhelming evidence, the NHS Trust admitted full liability for the failings in Emma’s care. Gwyneth successfully negotiated a six-figure settlement, providing Emma and Simon with the financial means to explore alternative fertility options.

Supportive and experienced legal guidance

At Tees, we understand how deeply personal and emotional medical negligence claims can be. Our experienced clinical negligence solicitors are here to provide compassionate, expert legal support to those who have suffered from misdiagnosed ectopic pregnancies and other medical errors.

If you believe your medical care has fallen below standard, we’re here to help. Contact Tees for a confidential consultation and let us guide you through the process of making a medical negligence claim.

All names have been changed to protect confidentiality.

Misdiagnosed ectopic pregnancy resulted in major emergency surgery

Posted on by Sarah O'Sullivan
Carol suffered a ruptured ectopic pregnancy after her symptoms were wrongly treated as a urinary tract infection.

Gwyneth Munjoma, solicitor in Tees’ clinical negligence team, helped her client to pursue a claim against the NHS Trust after her fallopian tube ruptured and had to be removed.

Carol and David were ecstatic when they discovered that she was pregnant. Like most modern-day women, to avoid any doubt and in a bit of disbelief, Carol carried out a few home pregnancy tests which were all positive. Things were going well until Carol was about 4-5 weeks pregnant. Out of the blue, she developed very severe pain in her lower tummy on the right side, her right shoulder tip and her rib cage. Her tummy also felt very bloated. Worried about this, Carol immediately attended A&E at her local hospital where she clearly described her symptoms and informed the triage nurse and the doctors that she was about 4 -5 weeks pregnant.

Sent home without adequate advice

Despite having no signs or symptoms of a urine infection, Carol was advised that she most likely had a urinary tract infection. The doctors completely ignored the fact that she was pregnant so failed to consider that the symptoms she had could be of an ectopic pregnancy (ectopic pregnancy occurs when a fertilised egg attaches itself somewhere outside of the womb (usually in the fallopian tube) and begins to grow).  Carol was discharged home on a course of oral antibiotics with an extra course of antibiotics to take if after completing the first course the “urinary tract infection” did not resolve. Carol was not given any advice about watching out for the symptoms of ectopic pregnancy and returning to be checked if the antibiotics did not resolve her symptoms.

At home, Carol took the antibiotics as prescribed but continued to experience the same amount of pain. As advised by the A & E doctor when her pain did not resolve after completing the first course of antibiotics, she went on to take the second course of antibiotics.

HSIB found that a failure to adequately escalate care in pregnant mothers was a recurring theme in their 2021/22 Maternity Investigations.

With the symptoms that Carol had described, it is expected that a referral to a specialist early pregnancy assessment clinic and an ultrasound scan to confirm her pregnancy plus follow up blood tests every 48 hours would have been arranged

About two weeks later Carol suddenly experienced excruciating pain in her tummy, and pain in her ribs and shoulder. She felt nauseous, went pale and was shivering and sweating. Painkillers did not relieve her pain. She made an emergency appointment with her GP who suspected a ruptured ectopic pregnancy. The GP immediately arranged for an ambulance and Carol was blue lighted to a hospital different from the one she had originally attended. At the hospital, Carol was informed that she had suffered a ruptured ectopic pregnancy, was in a state of shock and needed to be operated on immediately. She was rushed to the operating theatre where severe bleeding in her tummy obstructed the surgeon’s view. The keyhole surgery was therefore turned into an open tummy operation. Her fallopian tube was removed, and she required a blood transfusion.

Carol found herself in a frightening and life-threatening emergency. She was devastated not only to have lost her much awaited baby, but also her fallopian tube, potentially affecting her future fertility.

How we helped

Carol and David contacted our medical negligence team as despite starting to process and recover from their traumatic experience they found themselves questioning the quality of care and attention Carol had been given by the healthcare professionals who had attended to her.

Gwyneth Munjoma, solicitor in Tees’ clinical negligence team, Tees Said “looking at Carol’s situation,  I wanted to help Carol and David understand what had gone wrong and how her care could have been better, in the hope that lessons would be learned from Carol’s experiences and that no one else would face the same situation that she had in the future”

Carol made a complaint against the NHS Trust which was upheld.

Gwyneth gathered evidence and sought independent expert medical advice to support Carol’s claim. The independent medical expert advice as to the standard of care and treatment that Carol ought to have received which would have saved her fallopian tube. The expert further advised that if Carol had been given proper care and treatment, not only would her fallopian tube have been saved but also that she would have avoided the major surgery and the life-threatening situation that she found herself in.

A legal claim was then made against the NHS Trust. In response, the Trust admitted full liability for the substandard care accorded to Carol and the consequences of that substandard care.

Gwyneth negotiated a settlement for Carol who received enough compensation to enable her to access treatment to help her come to terms with what had happened and to positively plan for her future.

The care that Carol received raised several questions and the Trust’s early admission of liability was a welcome acknowledgement of what had gone wrong with the care given to Carol.

Caring and sensitive support with Tees

Whatever your situation, our legal specialists are here to help guide you. Our expert clinical negligence lawyers will handle your ectopic pregnancy misdiagnosis claim from the initial consultation through to financial settlement. 

*All names changed for confidentiality

Timely treatment might have saved devoted wife and grandmother

Posted on by Sarah O'Sullivan

A retired wife and grandmother tragically died in hospital after multiple opportunities were missed to administer appropriate treatment that could have saved her life, an inquest at the Suffolk Coroner’s Court in Ipswich concluded after a two-day hearing.

HM Senior Coroner for Suffolk, Nigel Parsley, heard that 61-year-old grandmother Karen ‘Jane’ Winn from Northwold near Thetford, Norfolk, died at the West Suffolk Hospital in Bury St Edmunds on Monday 15 April 2019, four days after being diagnosed with a suspected urinary tract infection by her GP.

Jane was prescribed antibiotics by her GP on 11 April, but she returned next day as she was by then very unwell. She was referred straight to hospital and admitted the same day. That evening a senior medical consultant diagnosed Jane’s condition as haemolytic anaemia, a serious blood disorder.

Haemolytic anaemia depletes oxygen-carrying red blood cells and medical staff identified that Jane was at risk of developing a deep vein thrombosis, which can result in a life-threatening pulmonary embolism if a blood clot reaches the lungs. So, correct intervention at that point was vital for Jane.

Once the haemolytic anaemia diagnosis had been made, the immediate response should have involved blood transfusions plus ‘prednisolone’ steroids and folic acid. Anticoagulant medication was intended to be given, subject to the result of a repeat blood test to assess internal bleeding risk.

Anticoagulant delayed

Jane initially received only blood transfusions and antibiotics. Not until 14 April were steroids and folic acid administered, whilst no prophylactic anticoagulant was given until 15 April, by which time it was too little, too late to disperse any blood clots that had formed during the previous 72 hours.

An automated venous thromboembolism (VTE) risk assessment warning system is embedded into the electronic patient monitoring for all patients. Disturbingly, this VTE system was manually overridden 58 times between 12 and 15 April, despite Jane’s increased risk of blood clots.

Sadly, soon after transfer to the intensive care unit and an hour after her first and only dose of anticoagulant, Jane suffered a fatal cardiac arrest. This was the outcome that Jane’s distraught husband Brian and the wider family had feared and one they believe could have been avoided.

“We are bitterly upset that such an essential part of the treatment available for Jane’s illness wasn’t used promptly,” says a close family member. “The right diagnosis was made, but life-saving medication was given too late, despite repeated reminders. Our hope now is that lessons learned will prevent the same thing happening to anyone else.”

Significant blood clots

The primary cause of death, a bilateral pulmonary embolism, with deep venous thrombosis and haemolytic anaemia as contributory causes, was confirmed at post-mortem. Widespread pulmonary emboli in the lungs and significant blood clots in veins of the upper leg were both evident.

In summary, the Coroner concluded that Jane’s death resulted from the progression of a naturally occurring illness, contributed to by the non-administration of medication to prevent blood clots despite being earlier identified as essential for her treatment; the latter amounted to neglect.

Tees Law, acting for the bereaved family, comments: “A venous thromboembolism risk assessment is mandatory for all patients admitted to hospital and should be completed within hours of admission.  It was wholly unacceptable for the assessment alert to have been overridden 58 times over those four days. The Coroner’s finding of neglect acknowledges the total failure to give Jane basic medical treatment that would ultimately have increased her chances of survival.”

Read the full story here.

If you would like to contact us about a news story, please visit our Media Enquiries page for contact details.

Appointing a guardian for your children in your Will

Posted on by Sophie Soraf
As parents, who would you entrust the care of your children to, were the unthinkable to happen?

This question is not one many of us are comfortable considering as it is likely to stir up a lot of emotion and sometimes, conflict between parents who may have differing views.

However, if you have parental responsibility it’s vitally important that you make plans for the care of your children in your Will in the event that both of you were to pass away. Not only is this in the best interests of your children, but it will also allow you to feel as confident as possible that you have made the best possible arrangements for your children’s future and security.

What is a legal guardian?

A legal guardian is someone who has the legal authority to take care of your children should anything happen to you. Guardians are responsible for taking all parental decisions and can also be made responsible for managing your children’s property and inheritance (although responsibility for managing property and inheritances can instead be given to others).

What powers does a guardian have?

A guardian, whether appointed under a Will or by the Court, has parental responsibility for the child or children within his or her custody. Upon appointment, the guardian has all the rights, duties, powers, responsibilities and authority that a parent of a child holds in relation to that child.

In practical terms this means that the guardian can make decisions about where your children live, who lives with them, any decisions relating to their education or health and is entrusted with protecting, maintaining and disciplining them.

Therefore, it is very important to choose a guardian who you feel is best equipped to make these important decisions for your children.

Who should I choose as a guardian?

It is impossible to make generalisations about the relative or friend best suited to act as a guardian for your children. We all live in different circumstances and contexts so the choice of a guardian will likely be highly personal. However, some key considerations are likely to include:

  • The age of your children – as your children get older the caring responsibilities will change, so your initial choice of guardian(s) may be a decision you wish to re-evaluate at some point in the future
  • The age of the guardians – for most people, their first choice of guardian is the child’s grandparents. It is worth considering how old they are before making this decision.
  • How many children you have and if the guardian(s) you choose would be willing to take care of them all – the more children you have the greater the financial implications
  • How many children they have – if you choose a sibling or friends as guardians, do they already have their own children? If so, they may not be in a position to take responsibility for your children as well
  • Attitudes and beliefs – do those you wish to appoint share the same beliefs or religion as you? Will they bring up your children to have the same values as you would?
  • Financial situation – are your chosen guardians financially stable? Would they be willing or able to reduce their working hours to take care of your children?
  • Where they live – if they live far away from you, will this mean that your children would need to move to a new school, away from family and friends and what impact could this have on them?

There is unlikely to be a perfect scenario. Ultimately the most important thing is that by appointing a legal guardian in your Will, you have peace of mind having made the decision as to who will look after your children in the event that you are no longer there.

If you would like to appoint a legal guardian, talk to us today.

Do I have the right to appoint a guardian for my child?

You must have what is legally referred to as ‘parental responsibility’ in order to be able to appoint a guardian over a child under 18 years of age.

Parental responsibility means all the legal rights, duties, powers, responsibilities and authority which a parent has for a child by law.

A mother automatically has parental responsibility for her child from birth. A father will attain parental responsibility by either being married to the child’s mother at the time of the child’s birth, or by being named on the birth certificate.

If a father satisfies neither of these, but he would like to gain parental responsibility for his child, then he will either need to agree with the child’s mother for them both to sign a Parental Responsibility Agreement or he will need to apply to the Court for a Parental Responsibility Order.  Other ways a father may obtain parental responsibility for his child include being named in a Child Arrangements Order as a person with whom his child will live or marrying the child’s mother after the child is born.

In the case of same-sex female parents, the woman who carried the child is treated as the child’s mother and automatically has parental responsibility for the child from birth.  The second female parent will automatically have parental responsibility if she is a same-sex spouse or civil partner of the child’s mother at the time of the fertility treatment and consented to the treatment.  Otherwise, she would acquire parental responsibility in the same way as an unmarried father.

In the case of same-sex male parents who have a child born to them through surrogacy, they may acquire parental responsibility in a slightly different way.

If one of the male parents is a ‘biological’ father of the child and is named on the child’s birth certificate, he will automatically acquire parental responsibility in the same way as any other unmarried father.

If any parents, same-sex or heterosexual, use a surrogate, the process is more complicated.  For legal purposes, the surrogate mother who gives birth to the child is the child’s mother and automatically has parental responsibility for them.  The intended parents need to obtain a parental order from the court, which will give them both parental responsibility and bring the surrogate mother’s parental responsibility to an end.  Certain criteria must be met, which are complex and under these circumstances it is particularly important to seek specialist legal advice.

Step-parents may think they automatically gain parental responsibility for their step-child when they marry that child’s mother or father, but in fact, both biological parents would have to give their consent for the step parent to enter into a Parental Responsibility Agreement, obtain a Parental Responsibility Order through the Court, or be named in a child arrangements order as a person with whom the child will live.

When does the appointment of a guardian take effect?

The appointment of a guardian under a Will takes effect on the death of the last surviving parent with parental responsibility. For example, Anna and Bill are married and both have parental responsibility for their child, Cameron. In Bill and Anna’s Wills, they both appoint Anna’s sister, Dianne, as the guardian for Cameron. Should Anna pass away before Cameron reaches the age of 18, Dianne does not become the guardian for Cameron, as Bill remains the surviving parent with parental responsibility. Should Bill also pass away before Cameron reaches the age of 18, then Dianne’s appointment becomes effective.

The above example is straight-forward, however things can become more complex should two parents with parental responsibility appoint different guardians in their Wills – perhaps because they have separated.

Consider the same example, but that Anna appoints Dianne as the guardian for Cameron in her Will and Bill appoints his brother, Edward, as the guardian for Cameron in his Will. Should Anna and Bill pass away before Cameron reaches 18, whether simultaneously or otherwise, then both guardianship appointments become effective: Dianne and Edward are both guardians of Cameron and must now co-ordinate their efforts – possibly something Anna and Bill had not intended and perhaps not in Cameron’s best interests.

As an alternative to the above, you may wish to appoint a guardian in your Will subject to certain conditions. You could stipulate various conditions such as:

  • The guardian you name may be appointed whilst they live in a certain region, perhaps where the child is settled
  • The couple you appoint may only act as guardians whilst that couple is together
  • The child’s grandparent should only be the guardian up to a certain age, at which point another individual would become the appointee.

It is impossible to account for all circumstances, but specific concerns or wishes should be drafted clearly and effectively.

How should the child’s finances be managed?

Child Poverty Action Group estimated in 2018 that the cost to raise a child from birth to 18 years for a couple family is estimated at around £75,000, rising to £100,000 for a lone-parent family.  Clearly, there are substantial costs involved in raising a child and you may, therefore, wish to give consideration as to how the guardians of your children would manage financially. At the same time, you will be concerned to ensure that your children’s assets, including any inheritance they receive from you and their other parent and any trust funds, are managed appropriately for their benefit.

Many children are left with significant assets of their own after the death of their parents, for example:

  • They may have inherited significant assets under the Wills of their parents,
  • The parents may have created trust funds for them (including any life insurance policies placed under trust).

Their grandparents may wish to make provision for them during their lifetimes or by Will. Whilst the children are young, it may be necessary for the income or capital of some of these funds to be used for their benefit (e.g. towards the costs of their upbringing). The ability to do this will depend on the terms under which the assets are held (e.g. the wording of the Will or trust document).

It is also relevant to consider who will be making decisions about management of the child’s finances. Assets left to a child under a Will would generally be managed by trustees appointed under the Will while the child is under 18 (often, but not necessarily, the executors of the Will). Assets left under a trust will be managed by the trustees. It is important to give careful consideration to who should manage the funds. Some people are happy to appoint the guardians so that they can manage the child’s finances as well as looking after them. However, it should also be kept in mind that the guardians may have a conflict of interest as they could benefit indirectly from use of the funds. Therefore, some parents prefer to appoint other trusted friends, family members or professionals to manage the funds (either alone or alongside the guardians).

Another important consideration is at what age children should be able to make financial decisions themselves. Where assets are left to them outright, they are generally able to access them at age 18. Some parents will be concerned that this may be too young, in which case it is possible to specify a different age in the Will or to use ongoing trusts. There are, however, some tax issues that may be relevant to this decision, depending on the circumstances.

For all of the above reasons, it is important for parents with significant assets to take appropriate legal advice to ensure that the documentation under which the child’s assets are held is worded appropriately. It is also sensible for them to leave the executors/trustees a letter detailing how they would wish them to exercise their powers and discretions.

Long-term Care Planning: Get the Best Advice

Posted on by Sophie Soraf
Our SOLLA (Society of Later Life Advisers) accredited care fee planning team can help you create a robust plan for later life, in order to avoid difficult financial decisions for yourself and your loved ones down the line.

Long-term care refers to the range of services available to support those who need long-term or permanent assistance in caring for themselves. This can include residential and nursing home care, as well as domestic help.

Services are provided by a wide range of different bodies and organisations, including local Authorities, the NHS, private organisations and charities.

In the UK, better standards of living and improvements in healthcare have led to people enjoying a longer life expectancy. While in 1950, the average person could expect to live until they were nearly 69 years of age, today we have a life expectancy of over 81 years old.

While many older people can now expect to live to an advanced age in good health, it is inevitable that some will require care and assistance as they reach their later years.

How much does long-term care cost?

According to the Money Advice Service, the average annual cost of residential care is between £30,000 and £40,000 per year. These costs may not be all-inclusive, either – visits to the hairdressers, day trips and other forms of entertainment, for example, can all cost extra.

Home care costs will vary according to the person’s needs. On average, the cost of a home carer is around £17 per hour. So, even if you only need two hours of care per day, it could still add up to £12,500 per year.

Does the government help to pay long-term care fees?

Government funding is available to help you with the costs of long-term care. The amount to which you are entitled varies across the UK, with each devolved nation offering different levels of support.

In the autumn statement 17th November 22, chancellor Jeremy Hunt said the introduction of the new £86,000 cap on the amount anyone in England will need to spend on their personal care over a lifetime, will be delayed two years and now come into effect in 2025.

England and Northern Ireland

If you live in England or Northern Ireland, the government funding you receive will depend on how much capital you have. If you have capital assets: 

Less than £14,250: You’re entitled to local government funding to cover the cost of your care. You won’t be expected to contribute from your capital, but if you are still drawing an income (e.g. a State or private pension), you’ll be expected to contribute this except for a personal expenses allowance (PEA) of £24.90 per week. If the cost of your care is more than your local authority’s standard rate, you may have to pay the difference – this is called a ‘third party top up’.

Between £14,250 and £23,250: You’ll be entitled to some funding, but you may have to contribute all income in excess of the PEA, as well as £1 per week for every £250 in capital you have between the upper and lower limits. For example, if you have savings of £21,000, you’ll be expected to contribute £27 of your capital per week in addition to your income.

Over £23,250: You will have to pay for your own care.

Scotland

The capital limits are higher in Scotland, but similar rules apply.

If you have capital assets: 

Less than £18,000: You’re entitled to funding to help with your care fees. As above, you won’t be expected to contribute from your capital, but you will be expected to contribute all income over the PEA (£28.75 per week in Scotland).

Between £18,000 and £28,500: You’ll be entitled to some funding from your local authority, but will be expected to contribute £1 of your capital per week for every £250 you have between the upper and lower limits, as above.

Over £28,500: You will be expected to pay the full cost of your care.

Wales

In Wales, there are different rules depending on whether you need at-home or residential care.

At-home care

If you have capital worth: 

Less than £24,000: You will not be expected to use your capital to pay for your care. Your local authority can only look at your income when deciding what to charge you.

Over £24,000: You will be obliged to pay for your home care, but the Welsh government has capped the cost at a maximum of £90 per week.

Residential care

If you have capital worth: 

Under £50,000: You won’t be expected to use your capital to pay for residential care. You will, however, be expected to contribute all income in excess of the PEA, (£32 per week in Wales).

Over £50,000: You will be expected to pay the full cost of your care until your capital is reduced to £50,000 or below.

What counts as ‘capital’ for long-term care means tests?

For the purpose of local authority means tests, your ‘capital’ includes the value of the following assets:

  • Property (although this can be disregarded under certain circumstances)
  • Money held in bank accounts/building societies
  • Investments
  • Premium bonds
  • Cash
  • Any benefits you’re eligible for (even if you’re not claiming them)

What if I’m not entitled to government funding for my long-term care needs?

If you have a disability or complex health needs, you may be eligible for NHS continuing healthcare (CHC) free of charge. It is a package of care that can be provided at home, in a nursing care home or in a hospice. You’re more likely to qualify if you have healthcare, as opposed to social care needs.

If you are ineligible for government or NHS funding, there are ways to self-fund your care. Whether you’re paying in full or in part, the costs can mount up and it’s wise to prepare yourself financially. You could do this, for example, through savings and investments, or through a care fees plan (also known as an immediate needs annuity). This is a specialist insurance plan designed to convert capital into income to meet your care fees.

Consulting with an independent financial adviser well ahead of time will equip you with the tools you need to prepare yourself for the potential costs of long-term care.

Will I have to sell my house to pay for long-term care?

Your property will be included in government means test assessments, except in the following circumstances:

  • Your spouse/civil partner lives in the property
  • A disabled relative lives in the property
  • A relative over the age of 60 lives in the property
  • A child under the age of 16 lives in the property
  • Your care needs are only temporary
  • You are in your first 12 weeks of needing permanent care

If you do need to sell your home to pay your care home fees, the 12-week deferment period (which only applies if your capital falls under the upper limit in your country of residence) gives you time to find a buyer for your property and complete the transaction before you have to start paying fees.

Can I give away my property so it’s not included in the means assessment?

Even if you give your home away, for example to your child or another relative, it may still be counted as capital in the means test. This is because your local authority may see it as a ‘deprivation of assets’. This means that you have gifted your property for the sole purpose of discounting it from a means assessment. So, you might have to pay for the cost of your care as if you still owned your home anyway.

What happens when I can no longer make important decisions for myself?

Some people who require long-term care have lost mental capacity, and no longer have the ability to look after their money or advocate for their needs. That’s why planning ahead is so important, to enable your family to step in and manage your affairs when you need it most.

You can nominate somebody who is legally entitled to manage your personal and financial affairs with a document called a Lasting Power of Attorney (LPA). There are two types of LPA:

  • Health and Welfare LPAs allow your nominated attorney to make vital decisions relating to your health and personal welfare (including decisions surrounding long-term care);
  • Property and Finance LPAs will allow them to make key decisions about your money and property (e.g. whether or not to sell your house to pay for care home fees and accessing your capital to pay for your care).

Without an LPA in place, your family could face a drawn-out court process before they are able to give you the help you need.

Assistance is at hand

If you have capital and property that places you above the capital limits in your country of residence, then it is extremely important to seek professional independent financial advice from an adviser specialising in long-term care planning.

Our SOLLA (Society of Later Life Advisers) accredited care fees planning team can help you create a robust plan for later life, in order to avoid difficult financial decisions for yourself and your loved ones down the line.

At Tees we offer expert independent financial as well as legal advice which gives us the ability to combine your financial planning and legal needs, giving you a fully joined-up view.

We can take care of your later life financial plans in conjunction with advising you on estate planning and Powers of Attorney. We’re here to help, and only a phone call away.

 

This material is intended to be for information purposes only and is not intended as an offer or solicitation for the purchase or sale of any financial instrument. It is not intended to provide and should not be relied on for accounting, legal or tax advice, or investment recommendations. Past performance is not a reliable indicator of future returns and all investments involve risks. Some information quoted was obtained from external sources we consider to be reliable.

Tees is a trading name of Tees Financial Limited which is authorised and regulated by the Financial Conduct Authority. Registered number 211314. Tees Financial Limited is registered in England and Wales. Registered number 4342506.

Alleged delays in diagnosis and treatment of sepsis following gallbladder surgery

Posted on by Sarah O'Sullivan
Alison’s experience with sepsis sfter gallbladder surgery.

Alison* underwent a laparoscopic cholecystectomy (keyhole surgery) to remove her gallbladder at a private hospital. Although the surgery seemed successful, Alison developed sepsis in the days that followed. Four years later, she continues to experience its effects and remains unable to return to full-time work as a dental nurse.

Early signs of sepsis ignored

Following her discharge, Alison quickly became unwell. She experienced severe abdominal pain, shakiness, nausea, and bruising on her abdomen. Despite contacting the hospital multiple times, her concerns were dismissed. Her condition deteriorated significantly before she was eventually readmitted for observation.

Failure to diagnose sepsis

At the hospital, Alison displayed classic symptoms of sepsis, including a high temperature, increased heart rate, and a raised white blood cell count. However, the hospital’s Sepsis Screening and Action Tool was not followed, and no diagnosis of sepsis was made. Instead, the doctor concluded that there was “probably not a serious abdominal complication.”

An ultrasound scan was performed the next day, but this test alone was insufficient to diagnose or rule out infection. A CT scan, which would have been more appropriate, was not conducted at this stage.

Continued deterioration and delayed treatment

Despite her worsening condition, Alison did not receive a clinical review on the sixth day post-operation. Although antibiotics were eventually administered, they came too late to prevent further complications.

On the seventh day, a CT scan confirmed the presence of infection. However, Alison’s doctor reassured her that it was not serious. By the eighth day, she collapsed, and one of her keyhole wounds burst. Emergency surgery was finally carried out on the ninth day to drain a massive abscess.

Escalation and further treatment

Alison’s condition remained critical. She required urgent transfer to an NHS hospital, where she underwent additional procedures to manage the infection. She spent time in the High Dependency Unit, endured further surgeries, and required multiple abdominal drains.

Ongoing impact on Alison’s life

Alison’s recovery has been slow and challenging. Her primary wound was left open, and she experienced long-term fatigue, anxiety, and depression. Despite her dedication to her profession, she has been unable to return to full-time work.

The psychological trauma of her ordeal, including a fear of death and health-related anxieties, has also had a profound effect on her daily life.

Seeking legal support

When Alison approached us, we identified two main areas of concern:

  1. Delayed diagnosis and treatment: Alison exhibited clear signs of sepsis, yet these were ignored for days.
  2. Effectiveness of subsequent treatment: The delay in draining the infection may have worsened her condition.

Had sepsis been promptly diagnosed and treated, Alison may have avoided her collapse, emergency transfer, and the need for further invasive procedures.

Raising awareness about sepsis

Alison is now passionate about raising awareness of the importance of early diagnosis and treatment of sepsis. In support of World Sepsis Day, she hopes her story can prevent others from enduring a similar experience.

Expert opinion

Katheryn Riggs, Associate in the Medical Negligence team at Tees, stated:

“The consequences of delaying the diagnosis and treatment of sepsis can be fatal; 20% of deaths worldwide are associated with sepsis. Time is of the essence to halt the patient’s deterioration and to maximise the best chances of recovery.”

How our sepsis negligence solicitors can help

Professional guidelines on sepsis diagnosis and treatment are clear, but errors still occur. When negligence leads to harm, we can help.

You may have a claim if:

  • Your diagnosis was delayed, leading to further complications.
  • You were misdiagnosed, resulting in inadequate or delayed treatment.

Our experienced solicitors are here to listen, support, and provide expert legal advice. We’ll help you get the answers you deserve.

Contact us today for a free, no-obligation consultation.

*Name changed to protect client confidentiality.

What to do when someone dies

Posted on by Sophie Soraf
When someone dies, there are lots of practical issues to be dealt with, at what will inevitably be a very difficult time for the person’s family and friends.  Here we outline the main things that will need to be done during those difficult early days.

Family and friends can usually deal with most of the practical things that need doing immediately after a death. Solicitors normally get involved a little later. If there is no family member or friend to deal with the practical matters, then a solicitor can help with some or all of these things.

Security and insurance for property

If the person who has died lived alone, someone should go to their home on the day of the death to do urgent things which cannot wait. The more common steps that may need to be taken are as follows:

  • Security: take the security precautions that you would take when leaving your own home empty for a while, such as locking all doors and windows, stopping deliveries of papers and milk and moving valuable items, so that passers-by cannot easily see them.
  • Pets: if the person had a pet, make temporary arrangements for it to be looked after by family or friends or through an animal rescue charity.
  • Guns: if you know that the person had a gun licence and kept firearms at the property, report the death to the police so that they can make arrangements for the guns to be kept safely.
  • Insurance: look for papers relating to the insurance of the property and its contents. Ring the insurers, tell them about the death and make sure that there is adequate home and contents cover in place. Keep a note of your conversation with the insurers with the paperwork. If you can’t find insurance documents, the insurance company name will often be found in a recent bank statement.

Everything that is in the home of the person who has died should remain there where possible. This makes it easy to arrange for all the person’s property to be valued where necessary for inheritance tax purposes.

If there are very valuable items and you believe they are not adequately insured or secure, consider moving them to a more secure place, but consult the personal representatives or close relatives of the person who has died or the person’s solicitors before you do this.

Registering the death

When someone dies, a doctor issues a medical certificate which states the cause of death. The death needs to be recorded formally on the register for births, deaths and marriages.  A death must be registered within five days after the date of the death.

The death must be registered at the register office for births, deaths, marriages and civil partnerships for the district where the person died. If you do not know where this is, contact the local authority or visit here. A relative should, if possible, register the death but the registrar allows certain non-relatives to register if no relative is available. The registrar will be able to provide information on who can act. Ring the register office first to find out if it has an appointment system.

The following papers contain information needed for registering the death:

  • birth certificate
  • marriage or civil partnership certificate
  • death certificate of former wife, husband or civil partner
  • state pension or allowance book
  • passport

Even if you cannot find these papers, you can register the death if you have all the necessary information. Whoever registers the death should also take to the register office the medical certificate from the doctor and the following information:

  • date of death
  • place of death
  • full name of the person who has died
  • any former names
  • occupation
  • last address
  • name, date of birth and occupation of the person’s spouse (including a same-sex spouse for marriages on or after 13 March 2014) or civil partner (whether living or dead); and
  • information about any state benefits the person was receiving.

If you do not know all the details about the person who has died that you need for the registrar, you should be able to find them in his or her birth certificate, marriage or civil partnership certificate and state pension or allowance book.

The registrar issues an official copy of the register, called a certified copy death certificate, after the person registering the death signs the register. You can obtain any number of certified copy death certificates. You do have to pay for them; the price varies from one local authority to another. You can claim back the cost from the estate in due course.

You need several copy certificates to send out when giving notice of the death to banks, insurance companies and so on. You will also need a copy for the person’s pension provider, and it is sensible to get one or two spare copies while you are at the register office as it is less convenient to order additional copies later.

The registrar also issues a certificate for burial or cremation. Give this to the funeral director who is making the funeral arrangements.

What if the death is reported to the coroner?

Unexpected deaths are reported to the coroner, sometimes by the police but usually by the doctor who was called when the person died.

When a death is reported to the coroner, the coroner usually arranges for a post-mortem. This normally establishes the cause of death. If the death is from natural causes, it can be registered, and the funeral can go ahead.

There is only an inquest if the cause of death is in doubt, even after the post-mortem, or the post-mortem shows that death was not from natural causes. Even if there is to be an inquest, the coroner usually allows the funeral to be held after the post-mortem.

Arrangements for payment of ongoing bills

Bank accounts and other assets in the sole name of the person who has died are usually “frozen” from the death until the personal representatives obtain a grant of probate or letters of administration.

If the person who has died paid household bills, then the other members of the household may be worried about how to manage between the death and the grant. There are various ways of dealing with this problem, for example:

  • if a member of the household had a joint account with the person who has died, that account can be used to pay bills
  • it may be possible to borrow from a family member or from the bank
  • if the person who has died had life insurance or was a member of a pension scheme, a lump sum may be payable soon after the death.

It’s a good idea to obtain professional advice on the different options as there may be relevant tax or financial circumstances which need to be considered.

Dealing with state pension and benefits arrangements

The registrar will give you a form (form BD8) to complete. This is used to tell the Department of Work and Pensions (DWP) Bereavement Service of the death so that it can deal with the state pensions and benefits arrangements of the person who has died.

The personal representatives or family can complete this form or ask a solicitor to complete it and send it to the DWP. Alternatively, you can call the DWP Bereavement Service or search the government website.

A number of local councils offer the DWP’s “Tell us once” service which is a way of letting a number of government departments know that someone has died, by just making one contact. If this is available in your area, the registrar will either use the service for you or give you a unique service reference number so that you can use the service over the telephone or online. The service can be used to contact the government departments that deal with the deceased person’s benefits, state pension, tax, passport and driving licence.

Locating any Will

It’s best to find the latest Will of the person who has died (or at least a copy) as soon as possible after the death because:

  • they may have said in the Will what kind of funeral they wanted
  • the administration of the estate goes more smoothly if the executors (the person or people appointed in the Will as the personal representatives of the estate) are involved from the start.

People who get solicitors to make their wills for them often keep a copy of the will with their important papers. The original is usually kept by the solicitors’ firm: the address and phone number of the firm is often on the cover of the copy will. It’s important that a thorough search is made to check whether the deceased left a will and to make sure that the most up to date Will is located.

If you cannot find a Will (or a copy) in the home of the person who has died, ask the person’s bank and their solicitors if they know where it is. There are also certain searches and advertisements which can be made for a Will – a solicitor can advise on  these.

If the person who has died left a Will which does not appoint you as an executor, but you know the people who are appointed executors, make sure they know about the death. You and the executors can then decide who is to register the death, if this has not already been done, and who is to arrange the funeral.

If you have registered the death and obtained copy death certificates but you are not an executor, hand the copy certificates over to the executors or to their solicitors. If you are not going to deal with the DWP, hand over the form relating to social security benefits too. If the executors are arranging the funeral, give them the certificate for burial or cremation.

If, because you cannot find a Will, you do not know who the personal representatives are, you can still arrange and hold the funeral.

Only the executors appointed in a will are entitled to see the will before probate is granted. If you are not an executor, the solicitors of the person who has died or the person’s bank, if it has the will, cannot allow you to see it or send you a copy of it, unless the executors agree. However, they can tell you who the executors are. They can also let you know what the will, or a note kept with it, says about the kind of funeral the person wanted.

Arranging the funeral and organ donation

It’s desirable to find the following documents before the funeral but the funeral can go ahead even if you do not find them:

  • the most recent will of the person who has died, or a copy of it
  • any note saying what kind of funeral the person wanted
  • papers relating to life insurance or pension arrangements.

Many people leave notes saying what kind of funeral they would like, or they express their wishes in their wills. You are not legally obliged to follow the wishes of a person who has died but usually relatives and friends prefer to do so. It can be distressing to discover after the funeral that it was not arranged as the person wished, so look as soon as possible for a note and for the will.

If you know that the person who has died wanted to leave his or her body for medical research, look for the relevant consent form. The form may be stored with the person’s important papers or with the will. The form will have details of the relevant research institution: contact it and follow the procedure it recommends.

It may also be relevant to consider whether the person who has died made any decision regarding giving or refusing consent to organ donation, either by recording a decision on the NHS Organ Donor Register or by speaking to friends and family. In England the law relating to organ donation changed on 20 May 2020 to a new “opt out” system, whereby consent to organ donation can be assumed in some circumstances. Further information about the new system can be found here.

When you have confirmed that the body is to be buried or cremated rather than given for medical research (if this is the case), give the certificate for burial or cremation to the funeral director. The funeral director will discuss the arrangements with you and guide you through the process leading up to the funeral and the burial or cremation.

By taking on the responsibility for arranging the funeral, you are also taking on the responsibility of paying for it. You will eventually be able to reimburse yourself from the estate of the person who has died, if there is enough money in the estate to cover the funeral expenses.

You, or other family members, may be willing to pay the funeral expenses, on the basis that you will claim repayment from the estate later. However, there are other ways of paying for the funeral:

  • look through the papers of the person who has died for anything relating to a pre-paid funeral plan. If you find that the person subscribed to a plan, contact the provider and follow the procedure it recommends.
  • a bank where the person who has died had an account, may be prepared to release money from the account. The bank “freezes” an account when it learns about the account-holder’s death, making no further payments out. However, it may make an exception for funeral expenses. Contact the bank to ask whether it will release money to pay for the funeral.
  • look through the papers of the person who has died for anything relating to life insurance or pensions and contact the providers. If the person had a job at the time of the death, contact the employer’s HR department. Lump sum payments can often be made from life insurance policies and pension schemes very soon after a death. However, you should take professional advice before using lump sums of this type to pay funeral expenses as there may be a more tax-efficient way to use the money.
  • If you are arranging a funeral for a partner or close relative and you are on a low income, you may qualify for help in paying for it. You may have to repay some or all of it from the estate of the person who has died. For more information, see https://www.gov.uk/after-a-death/overview.
  • In some instances, the funeral provider may be willing to wait until probate has issued for settlement of the invoice.

People to notify

Anyone else with whom the person who died had a business connection should be notified of their death as soon as possible. Some of the more common persons to be notified are listed below.

  • Anyone with whom they had a business connection
  • Banks and building societies
  • Private or local authority landlord
  • Employer
  • Private pension providers
  • DVLA
  • Passport Office
  • Royal Mail: it may be appropriate to arrange for the deceased’s mail to be redirected to another address.

Utility companies and other service providers. For example:

  • utility companies supplying gas, electricity and water.
  • broadband, phone and satellite TV providers.
  • the TV licensing authority.
  • the local council tax authority.
  • suppliers of other regular services, such as gardening and cleaning.

Administering the estate

What is estate administration?

Very broadly, administering an estate involves collecting in all the assets of the deceased, settling any liabilities, attending to all tax, accounting and reporting matters and distributing any net estate to the correct beneficiaries.

Who administers the estate?

If the deceased left a valid Will then it will generally appoint executors who are entitled to administer the estate. If there is no Will or no executors appointed (or the executors are unwilling or unable to act) then the law specifies who can administer the estate (“administrators”).

The executors or administrators dealing with the estate are known as the “personal representatives”. It will be important to check that the Will located is the most up to date Will of the deceased and a solicitor can advise on how to do this.

Is a grant of probate/letters of administration required?

A grant of probate or letters of administration is a document confirming who has formal authority to administer the estate of the deceased (known as the “personal representatives”). In many cases a grant will be required, however a grant is not always necessary where the estate is very straightforward. A solicitor will be able to advise you whether a grant is needed and who is entitled to apply.

The benefits of using a solicitor

The personal representatives need to decide whether to ask a solicitor to help them deal with the estate. For very straightforward estates of modest value, the personal representatives may feel comfortable dealing with the estate without legal advice. However, they do need to be aware that even a simple estate is time consuming and that personal representatives can be personally liable to various parties e.g. estate beneficiaries, creditors or HMRC, if they distribute the estate incorrectly, do not settle all liabilities, or do not comply with all requirements. Also, if there is an inheritance tax liability, this can sometimes be reduced, or even eliminated, with appropriate planning. Hence the personal representatives will often wish to instruct a solicitor to ensure that the estate is dealt with appropriately and for their own protection.

If the personal representatives decide to instruct solicitors to advise them in relation to the estate, they should arrange a meeting as soon as possible to take matters forward.

If the person who has died seems not to have left a Will, then one or more of the person’s closest relatives (wife, husband or civil partner, father or mother, brother or sister, son or daughter) should contact a solicitor for advice on making further searches for the Will and explain what to do if the person did not leave a Will.

Weight loss surgery (or bariatric surgery): Medical negligence claims

Posted on by Sarah O'Sullivan
Bariatric surgery is recognised by NICE as one of the most cost-effective healthcare interventions to reduce the risk of obesity-related diseases and death.

NHS statistics on obesity, physical activity, and diet (published on 5 May 2020) show a consistent increase in hospital admissions directly attributable to obesity since 2014. Similarly, the number of obesity-related bariatric surgery admissions in the NHS has risen. The primary goals of surgery are significant weight loss and the improvement or reversal of obesity-related conditions, such as high blood pressure and type 2 diabetes.

Despite the increasing number of procedures performed on the NHS, many patients ineligible for NHS treatment choose to pay for private bariatric surgery

Weight-loss surgery and medical negligence claims

While bariatric surgery is often an effective solution for weight management, it requires a lifelong commitment to lifestyle changes for lasting results.

Surgical procedures carry inherent risks, and mistakes can have serious, life-changing consequences. If you believe negligent treatment has caused you further suffering, or if you were inadequately informed about potential complications, you may be eligible to bring a claim within three years of the negligence. Our expert solicitors can guide you through the process.

Sarah Stocker, Solicitor in Tees’ Medical Negligence Team, explains the risks and complications that can arise from bariatric surgery.

Considerations before surgery

Weight-loss surgery is typically considered if:

  • You have a body mass index (BMI) of 40 or more, or a BMI between 35 and 40 with a serious health condition that could be improved by weight loss.
  • You have tried non-surgical treatments (e.g., dietary improvements and exercise) for at least six months without significant success.
  • You are healthy enough to undergo the surgery.
  • You commit to long-term follow-up treatments and lifestyle changes.
  • You undergo a psychological assessment to evaluate your suitability and motivation.

Types of bariatric surgery

Bariatric surgery involves altering the digestive system to reduce food intake and promote weight loss. Common procedures in the UK include:

  • Gastric band insertion: An adjustable silicone band is placed around the stomach to create a small pouch. It reduces the amount of food needed to feel full. The band can be adjusted using a small device under the skin.
  • Gastric bypass: The upper part of the stomach is stapled to create a small pouch, which is connected to the small intestine, bypassing the rest of the stomach. This reduces calorie absorption and increases fullness.
  • Sleeve gastrectomy: A large portion of the stomach is removed to create a smaller stomach. This procedure is irreversible, and long-term data on weight regain is limited.

Risks of bariatric surgery

When considering surgery, it is essential to weigh the risks of the procedure against the long-term health risks of severe obesity, including strokes, heart attacks, cancer, and diabetes. Common risks include:

  • Infection
  • Anaesthetic complications
  • Blood clots in legs or lungs
  • Internal bleeding
  • Damage to internal organs
  • Nutritional deficiencies
  • Gallstones from rapid weight loss
  • Psychological challenges, including depression or self-harm

Informed consent process

A comprehensive informed consent process is crucial. Your surgeon should explain the specific risks and benefits of the procedure, as well as any patient-specific concerns.

  • Gastric band insertion: Patients should be informed about the need for multiple adjustments, the risk of infection at the band or port site, tubing issues, and the potential for band slippage or erosion.
  • Gastric bypass: Patients should understand the risk of dumping syndrome, anastomotic leaks, and internal herniation, along with the requirement for lifelong vitamin supplementation and regular blood tests.
  • Sleeve gastrectomy: Patients should be made aware of the irreversible nature of the procedure and the risk of staple line leakage.

Additionally, all patients should be advised about the possibility of weight regain and the likelihood of loose skin, which may require plastic surgery.

Common bariatric surgery negligence claims

Negligence claims may arise from:

  • Substandard surgical performance
  • Failure to promptly diagnose or treat post-operative complications, such as infections or malnutrition
  • Delayed recognition and treatment of internal organ damage
  • Incorrect gastric band placement leading to blockages or additional procedures
  • Mismanagement of band slippage
  • Incomplete gastric bypasses or staple line issues causing leaks
  • Delayed identification of leaks leading to severe complications and further surgery

Compensation for negligence

In addition to compensation for physical and psychological injuries, claims may cover financial losses and expenses, including:

  • Loss of earnings
  • Transport costs
  • Private medical expenses
  • Care, support, and assistance costs

Making a Medical Negligence Claim

We understand that making a complaint about medical treatment can be overwhelming. However, pursuing a claim can provide financial support and hold negligent providers accountable. If you have suffered injury or financial loss, we are here to help you navigate your claim.

Contact our expert team of solicitors today for guidance and support.

Critical illness vs income protection insurance

Posted on by Sophie Soraf
Recent events have acted as a stark reminder about the importance of protecting ourselves financially – the pandemic has made us all aware that illness can strike at any time and of the devastating impact this can have on ourselves and our families.

Here we explain the ins and outs of critical illness cover and income protection insurance, the difference between the two, and which type of cover might work best for you.

What is critical illness cover?

Critical illness cover is a long-term insurance policy that pays out a tax-free lump sum if you develop a serious illness, which must usually be permanent or terminal. To receive a payout, your condition must be specifically listed as a critical illness within your policy wording.

Examples of specified critical illnesses include (but are by no means limited to):

  • Heart attack
  • Stroke
  • Certain cancers/stages of cancers
  • Alzheimer’s disease
  • Multiple sclerosis

The payout you receive can help you pay your rent or mortgage, bills, and any adaptations you might need to make to your home to accommodate your illness or disability.

What is income protection insurance?

Income protection insurance is designed to provide you with a monthly income if you are unable to work due to illness or injury. It will pay out a percentage of your usual monthly income until you can return to work, allowing you to recover without the stress of a significantly reduced income.

This type of cover usually features a waiting period, with payments designed to commence once you’re no longer covered by sick pay or other insurance policies. You can keep your premiums low by making the waiting period longer, and vice versa. You can also usually claim multiple times within the policy term for different injuries or illnesses.

While income protection covers a wider range of illnesses, insurers use a ‘definition of incapacity’ to determine the eligibility of a claim. The two most common definitions are:

  • Suited Occupation – if you are off work due to illness or disability, your insurer will assess your skills and capabilities and decide whether you could conceivably perform another job to which you are ‘suited’.
  • Own Occupation – your insurer will assess your ability to perform the duties and responsibilities of your current role.

What is the difference between critical illness and income protection insurance?

There are a number of differences between the two types of protections:

  • Critical illness cover pays out a single lump-sum, while income protection insurance pays out a monthly allowance (normally a set percentage of your usual monthly income) until you are well enough to return to work or you retire.
  • Critical illness cover will only pay out if you are diagnosed with a specific serious illness that is listed within your policy wording. On the other hand, you can claim on your income protection insurance for most illnesses or injuries that leave you unable to work.
  • While you can claim multiple times on an income protection policy, a critical illness policy is designed to provide a one-off payout.

Which cover would suit me best – income protection or critical illness insurance?

Choosing which cover is right for you will depend on a number of factors including whether you’re looking for a lump sum payment or a regular payout of a percentage of your monthly salary, the level of flexibility offered by the policy, and of course, cost.

  • Lump sum payment

Many people feel more comfortable at the thought of a lump sum payout, so if you’re one of them, then critical illness cover could be best for you. It also allows you to choose the level of cover you want, although of course covering yourself for a bigger lump sum will inevitably increase your premiums.

But it’s important to remember that you’re not entitled to multiple payouts. As soon as your insurer has paid out on a claim, your policy will come to an end. What’s more, if or when the money runs out (which may be sooner than you think if you’re using it to pay for equipment, adaptations to your home, carers, etc. that may be required following your illness), no further support will be forthcoming.

  • Regular payout

Income protection insurance pays out a percentage of your regular income, providing ongoing cover for any illness or injury that prevents you from working. The disadvantage here is that your monthly payouts are limited to what you’re currently earning; if you’re on a low income, your payouts will be accordingly low.

However, the policy is designed to cover you until you return to work, or until you retire. If you never return to work due to your illness or disability, income protection could actually pay out more in the long term than a lump sum critical illness policy.

  • Flexibility

In some ways, critical illness cover isn’t as flexible as income protection, as it only covers a scheduled list of illnesses. In comparison, income protection is there to cover you against most illnesses that prevent you from working, so it could be argued that income protection insurance is more flexible and there is less chance that your insurer will refuse to pay out on your claim.

Critical illness cover on the other hand, has the advantage of paying out straight away, whereas you’ll have a waiting period before any payout starts with an income protection policy. This may be unsuitable if you have little or no savings to fall back on if your income were to stop suddenly. So, if losing your income would leave you financially fragile within months, it may be best to take out a critical illness policy.

  • Cost

Your monthly premiums will typically be lower if you opt for income protection insurance, despite the total potential payout often being higher (i.e. it would pay out more in the long term if you never recovered sufficiently to return to work).

This is because the likelihood of the insurer having to pay out the full amount is much less than with a critical illness policy (where the policyholder is certain to receive a full payout if they meet the policy criteria), as most people who are unable to work are usually able to return after a period of recovery.

Would critical illness or income protection insurance cover me for COVID-19 ?

It’s unlikely that a critical illness policy would cover you if you contract Coronavirus, for several reasons. Firstly, as a new illness, it’s unlikely to be listed as a specific illness within your policy. Secondly, Coronavirus is a mild illness for the majority of people – so is unlikely to be categorised as a critical illness – in most circumstances anyway.

However, if you were to go on to develop another serious condition as a result of contracting COVID-19, which is listed within your policy (e.g. kidney, liver, heart or respiratory failure), then yes, you would be covered.

Income protection insurance is likely to pay out if you were out of work long-term due to Coronavirus symptoms or complications. However, if you were self-isolating, you would be unlikely to be covered unless your isolation has been advised by a medical professional. Furthermore, the waiting period means that you would usually have come out of self-isolation by the time any payout could be made.

If your Coronavirus symptoms were to continue beyond the waiting period, then your claim may be accepted by your insurer, subject to individual policy terms and conditions.

This material is intended to be for information purposes only and is not intended as an offer or solicitation for the purchase or sale of any financial instrument. It is not intended to provide and should not be relied on for accounting, legal or tax advice. Some information quoted was obtained from external sources we consider to be reliable.

Tees is a trading name of Tees Financial Limited which is authorised and regulated by the Financial Conduct Authority. Registered number 211314. Tees Financial Limited is registered in England and Wales. Registered number 4342506.

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All legal services provided by Tees are regulated by the Solicitors Regulation Authority. Tees is a trading name of Stanley Tee LLP is authorised and regulated by the Solicitors Regulation Authority (SRA Number 464615) and is registered in England and Wales number OC327874.

All financial services provided by Tees are regulated by the Financial Conduct Authority. Tees and Tees Wealth are trading names of Tees Financial Limited which is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales number 4342506. Registered office address Tees House, 95 London Road, Bishop’s Stortford CM23 3GW.

Copyright © 2025 Tees Law. All rights reserved.

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All legal services provided by Tees are regulated by the Solicitors Regulation Authority. Tees is a trading name of Stanley Tee LLP is authorised and regulated by the Solicitors Regulation Authority (SRA Number 464615) and is registered in England and Wales number OC327874.

All financial services provided by Tees are regulated by the Financial Conduct Authority. Tees and Tees Wealth are trading names of Tees Financial Limited which is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales number 4342506. Registered office address Tees House, 95 London Road, Bishop’s Stortford CM23 3GW.

Copyright © 2025 Tees Law. All rights reserved.

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