Frequently Asked Questions

Contested Probate

Question

Who can make a Contested Probate claim?

Answer

A spouse or civil partner, or, under certain circumstances a former spouse or partner, can make a claim, as can anyone that the deceased was cohabiting with in the 2 years immediately preceding their death. Children can make a claim, including adopted children, and any person who the deceased treated as a child of the family.

Question

I’ve seen many companies on the internet, some offering reduced priced services. Why should I choose HH Legal?

Answer

HH Legal is a firm of solicitors, authorised by the Solicitors Regulation Authority, and has Professional Indemnity Insurance of several million pounds. We too have noticed a number of companies who are not solicitors offering cut-price services. Virtually all claims in this area of law require the expertise of solicitors and barristers, not clever marketing companies.

If the website you are viewing does not provide clear information as to whether solicitors they are solicitors, view the foot of the home page, and look for the confirmation that they are a firm of solicitors authorised and regulated by the Solicitors Regulation Authority. If you do not see that phrase, you are dealing with a marketing company who are likely to want to charge you a fee out of any award. You do NOT need to pay these companies any money whatsoever. Play it safe, and deal with a qualified professional as opposed to a clever salesman.

A marketing company will not be able to deal with your disputed probate claim, and take your claim to court. Likewise, they are unable to do a contesting a Will claim, an Inheritance Act Claim, or in fact any other dispute arising out of an estate. All they will be qualified to do, is take your name, ask you a few questions, and forward your details to a solicitor.

All that these companies will do, is effectively pass your details to solicitors firms, charge you a hefty commission as well as a referral fee to the solicitors.  You can avoid making expensive mistakes by contacting us without delay.

Call HH Legal on freephone 0800 989 0090 at first instance for a free no-obligation discussion.

Question

Do You Offer A Genuine No Win No Fee Service?

Answer

Absolutely. We are open and transparent. All we ask is that you cooperate with us, not provide misleading information, and remain our client.

Question

Are there any time limits for contesting a Will?#

Answer

This will depend on the type of claim you want to make. For claims under the Inheritance Act 1975, a claim will need to be presented no later than six months from the grant of probate. This time limit is generally very strict, but there is plenty of case law where the limit has not been strictly enforced. If you are a beneficiary making a claim against the Will, then normally the time limit is 12 years from the date of death of the person whose Will you are proposing to make a claim against.

If there is an allegation of fraud, then there is no time limit as to when you can present a claim. HH Legal offer a completely free initial assessment and will be able to advise you if your claim falls within the required time frames.

Harassment and Bullying

Question

What constitutes harassment at work?

Answer

Bullying and harassment of any kind should not be tolerated in the workplace. In general terms it can be quantified as unreasonable treatment related to age, sex, race, disability, religion, sexual orientation, nationality or derogatory comment about an individual’s characteristics, male or female. Cases can be brought against colleagues who cross the line, whether it is persistent abuse or an isolated incident.

Harassment at work is defined if comments or actions are demeaning and unacceptable to the recipient. Bullying, for instance, is characterised as offensive, intimidating, humiliating, abuse or misuse of power or malicious and insulting behaviour that denigrates or causes physical or emotional injury. This is the case whether the harassment is aimed at an individual or an entire group of people. A complete list of examples includes:

spreading malicious rumours or causing insult orally or physically

sending critical appraisals about someone to others who have no right to know

  • ridiculing or demeaning someone, either by picking on them or setting them up to fail
  • exclusion or victimisation
  • unfair treatment
  • overbearing supervision or other misuse of power
  • unwelcome sexual advances – whether touching, making crude comments or gestures or showing them content of a sexual nature
  • threatening someone over their job security without foundation
  • deliberately undermining a competent worker by overloading them with work and constantly criticising them either privately or in public
  • preventing individuals from progressing by intentionally blocking promotion or training opportunities

Personal Injury

Question

Accident at work. How can you prove your employer has been negligent?

Answer

Employers have a duty of care to ensure that the safety and wellbeing of their employees is protected. This means that whatever the work environment, if there is a risk of injury or death, reasonable precautions must be taken to avoid an accident occurring. If it can be proven that a duty of care was breached and the resulting outcome caused physical, emotional or financial loss, a case can be pursued for damages.

For a claim of employer´s liability to be successful, the person claiming that an employer acted negligently, the plaintiff must prove that a breach of duty caused harm and that the damage could have been avoided had the employer made provisions to prevent the likelihood of an accident. It must also be proved that it was reasonably foreseeable that such an accident might occur.

Question

When can you claim damages for personal injury?

Answer

If you are injured in an accident that is not your fault, there may be a good chance you can claim damages for pain and suffering, loss of earnings and medical care. In serious accidents you can also claim loss of future earnings, nursing care and a number of other factors that may cause you financial loss. At HH Legal, we deal with all aspects of personal injury including clinical negligence. We are fortunate in that one of our consulting barristers is also a qualified doctor

The first thing to consider in a personal injury case is who is liable for the accident and whether it could have been avoided. The first part to this question is often straightforward – although it depends on the nature of the accident and whether witnesses were present. For example, it is not unusual for Road Traffic Accidents to have two sides to the story because the party at fault is not prepared to admit they caused the accident.

The question to consider is whether the accident could have been reasonably avoided. The test for this is whether it was reasonably foreseeable that an accident could occur and whether preventative steps could have been taken by either party. Sometimes the plaintiff can partially be to blame. This second part may have an effect on the amount of damages that are awarded.