A top Leamington law firm is urging people to check their eligibility for a lasting power of attorney (LPA) fee refund of up to £54.

 

Almost two million people were overcharged by the Office of the Public Guardian (OPG) between 2013 and 2017. 

 

Law firm Blythe Liggins says people can expect to receive a refund of up to £54, with any interest which is accrued after the registration is made.

 

So far, only 200,000 of the 1.8million people owed have claimed, meaning there’s £77 million still owed to customers.

 

An LPA is a document which gives a person the power to make decisions on a loved one’s behalf when they can no longer do so. 

 

Donna Bothamley, head of wills and probate at Blythe Liggins, said: “It takes about 10 minutes to claim online. 

 

“You’ll need the donor’s bank details and a copy of the LPA, if you have it. 

 

“So many people are missing out as they don’t know they are eligible. We urge people to find out if they are entitled to this money as soon as possible.”

 

Lakshmi Turner, chief executive of Solicitors for the Elderly(SFE), added: “While it’s comforting to know people are making provisions by putting LPAs in place, millions of families, many of whom may have been going through a tough time with elderly relatives, will have been needlessly overcharged.”

 

Recent research from SFE found only seven per cent of people have LPAs in place, meaning millions of people are currently unprepared for later life. 

 

SFE is urging anyone planning for their future to consider setting up an LPA and to seek advice from a specialist lawyer.

 

For help or more information about making a claim, call Blythe Liggins on 01926 831231.

More people than ever are undergoing cosmetic surgery procedures.  But a procedure that is designed to improve a person’s appearance or confidence, can sometimes go wrong. The standard of cosmetic surgery in England is, on the whole, very good. There are occasions, however, when the procedure is not performed to the expected standard or a patient is not adequately warned of the potential risks and they are left with injuries or additional scarring, some of which can be life changing.

Lois Harrison, a Senior Associate in Blythe Liggins’ Medical Negligence Department said: “Any cosmetic surgery should not be taken lightly as there are risks associated with almost every single procedure. When things go wrong, however, this can sometimes be due to more than just a recognised risk and it may be due to poor treatment by the medical professional. When these procedures go wrong, this can be devastating and you should not have to suffer in silence”.

If you have undergone a cosmetic procedure that did not go as planned and wish to consider pursing a medical negligence claim, call us today.

Contact between children and their grandparents after their parents’ separation continues to be a difficult issue. The matter was discussed in Parliament this week and David Gauke, the Justice Secretary, is due to make an announcement about possible changes to the law shortly.

 

The intention is for there to be a change to the current legislation to enable children to maintain a relationship with their extended family members after their parents separate. There are far too many cases across the country whereby children are no longer ‘allowed’ to see their extended family as a result of their parents’ separation. This seems contrary to the provisions of the Children Act 1989 (“the Act”) and more importantly every child’s right to family life under the Human Rights Act 1998.

 

The proposed changes to the current law are not quite what people had expected in that it is not the grandparents’ right to continue to have a relationship with their grandchild but instead the child’s right to continue to have such a relationship. This should apply to all extended family members, including cousins, aunts and uncles.

 

There will be a presumption that an extended family member’s involvement in the child’s life is beneficial to the child and that therefore their relationship should continue. This is the same presumption that currently applies to parents under the Act.

 

The expectation is that the alienated family member would issue an application under the Act and the Court will ensure that the welfare of the child is paramount and the ‘welfare checklist’ would apply. The wishes and feelings of the child would also be taken into consideration so that appropriate recommendations can be made to the court as to whether the relationship between the extended family member and the child should continue or not.

 

Family lawyers welcome the proposed changes and are waiting in anticipation to hear from the Justice Secretary in that regard.

 

If you are a grandparent or other relevant family member experiencing similar difficulties as described above, please do not hesitate to get in touch with us for advice and guidance.

 

Caption: Sophia Mellor, Solicitor. Family Department

A leading amateur real tennis player has notched up his fourth successive victory in the Owen-George Cup at Moreton Morrell Tennis Court Club.

 

Tom Bomford, aged 38, a rackets coach at Malvern School, beat fellow club member 19-year-old Vaughan Hamilton in an exhilarating final last week when the two traded long, fast and skilful rallies.

 

Club chairman Andrew Hamilton, a Great Britain player who has been watching real tennis at the club for 50 years, said Tom was a fine all-round player of racket sports. “He is one of
the finest amateur real tennis players in the country and has achieved some
notable scalps in the Pol Roger national club competition.

 

“In my opinion, he is the best player to have graced
the court at Moreton Morrell. He is incredibly fit, quick on his feet and
and has uncanny powers of anticipation.”

 

The win was Tom’s fifth victory in the competition since 2014.

 

The Owen-George Cup is played in memory of Roland Owen-George, who, with his business partner His Honour James Blythe (both members of the club), founded Blythe Owen-George & Co solicitors in 1952, from which Leamington law firm Blythe Liggins was formed in 1998.

 

Richard Thornton, joint senior partner of Blythe Liggins, which sponsors the cup, said: “Roland Owen-George, together with Sir Richard Hamilton, Anthony Hobson and others, worked tirelessly to keep the tennis club afloat during some very difficult times in the 1960s and this annual competition is a fitting recognition of his legacy. It’s a great honour for us to sponsor the event, marking the contribution to real tennis made by one of our founders.”

 

CAPTION: Blythe Liggins joint senior partner Richard Thornton presents the Owen-George Cup to Tom Bomford.

 

The Ministry of Justice have confirmed  that they are proceeding with an increase in probate court fees .  The probate court fee, which allows an executor to take control of distributing a deceased assets, is currently a flat fee of £215 (or £155 if the application is made via a solicitor).

From April this year a new 6 tiered system will be introduced based on the value of the deceased’s estate, with some executors  having to pay up to £6,000 in order to execute the Will. The new probate court fee structure is set to be as follows:

• £50,000 – £300,000 : £250
• £300,000 – £500,000 : £750
• £500,000 – £1million : £2,500
• £1million – £1.6 million: £4,000
• £1.6 million- £2million: £5,000
• £2million+ : £6,000

For estates under the £50,000 threshold there will be no probate fee payable and the government estimates that this will exempt approximately 25,000 estates each year. The government also believes that 80% of estates will not pay more than £750.

The work that the probate court undertakes when granting probate does not change dependent on the value of the estate, the process is the same for granting probate in a £50,000 estate as it is on a £2million estate. It is difficult therefore not to see the fees as a form of ‘tax’.

Certainly the new fees will outweigh any administrative costs the probate registry face when granting the application itself. However the government have advised that the income raised from the fee hike will be invested in the courts and tribunal service.

Under the current system, executors have to pay the probate fee up front before reclaiming it back from the estate, if this method continues with the new fee system, it could see an undue burden being placed on executors.  The other worry is that the increase in fees may lead people to try and reduce their estates before death, with increased gifting, which may cause them to lose some control of their estates.

Caption: Jaz Virk, Senior Associate

 

Leamington law firm Blythe Liggins Solicitors has been been recognised by Cancer Research UK after its ‘free wills’ campaigns secured more than £800,000 worth of legacies to the charity.

Donna Bothamley, head of wills and probate at the Rugby Road solicitors, who was presented with a certificate of appreciation for the firm’s ongoing support, said her department had been offering the free will service to people aged 55 and over in Leamington and the surrounding area for the past 20 years.

As part of the service, Blythe Liggins gives advice and support for those wishing to write a will or update an existing one, together with guidance for those wishing to leave a legacy gift for Cancer Research UK.

Mrs Bothamley said: “The charity receives no government funding for its research and relies heavily on the generosity of people leaving gifts in their wills. More than a third of its research into the prevention, diagnosis and treatment of cancer is funded in this way.

“A legacy gift is traditionally money but it can be anything that has a monetary value, such as an estate or a specific item. Anything left to Cancer Research UK can be marked to be ring-fenced for research into a specific cancer type or research within a local area,” she said.

Clare Moore, director of legacies at Cancer Research UK, said that everyone reached a stage at some point in their lives when they start to look ahead and consider what would happen to their financial affairs in the future, when they may no longer be around.

“At Cancer Research UK we work with local solicitors like Blythe Liggins to offer local people aged 55 or over the chance to make an all-important first will or to update an existing one. The service has grown in popularity over the past couple of years and while it is provided free of any obligation, the vast majority of people choose to kindly leave a gift to the charity.

“It’s quite astonishing to think that by simply combining enthusiasm with the highest professional standards Blythe Liggins has helped secure more than £826,000 worth of legacy gifts, which will go a long way towards helping our scientists, doctors and nurses to beat cancer sooner,” she said.

For more information about leaving a legacy gift and Cancer Research UK’s free will service, visit www.cruk.org/freewillservice or call Blythe Liggins Solicitors 01926 831231

CAPTION: Neil Antcliffe, Legacy Partnership manager with Cancer Research UK (left), with Donna Bothamley, Jaz Virk and Paul England from Blythe Liggins Solicitors’ wills and probate team.