Archives May 2025

Creating a will is an important milestone in everyone’s life, and is something which everyone should consider, regardless of age. But what is a will and why is it crucial to have one? 

A will is a legal document which outlines how you would like your assets distributed after you pass away. It’s important to have one because if you pass away before creating one, your personal property, possessions and money may not be handled as you wish. This can lead to complex legal disputes between family members and friends as they work out a fair split for the inheritance, adding unnecessary stress during a highly sensitive time. 

To help shine a light on what you need to know about wills, probate, and what can happen if you don’t have a professionally crafted legal will, we’ve sat down with Molly Graham, Solicitor in our wills and probate team, to provide her expert insight into some of the most commonly asked questions surrounding these areas of law. 

Q: What happens if someone dies without a will? 

A: If you die ‘intestate’ – which means without having made a will – the intestacy law will divide your estate equally among your legally recognised relatives. This includes a spouse, civil partner, and/or child(ren).   

However, this may not always be what you desire, and can create tension among each of the respective parties if they feel this equal split is unfair. Additionally, intestacy law does not cover stepchildren, unmarried partners, friends, and charities, meaning that many of those who are close to you may be left with nothing after your passing. 

Q: How does intestacy law affect the distribution of assets? 

A: How intestacy law distributes your estate depends on which family members the inheritance needs to be split between. 

If both a spouse and the children have a claim to the inheritance, it is usually split into two.  One half, including all personal possessions, for your partner, and the other half is divided among your children.  

If you are without a spouse or children, then any other surviving relatives will inherit your assets. This is decided by an order of priority, with closest relatives first, followed by more distant family. If there are no relatives to claim your estate, your assets will go to the Crown.  

Q: What specific challenges arise in administering an estate without a will? 

A: The probate process, which involves the distribution of your estate among beneficiaries, does not vary too much whether a will is present or not. However, without this document in place, you lose all control over how your estate is broken up. For example, a family member who has been a part-time carer throughout the later stages of a parent’s life will receive the same amount of inheritance as an estranged family member. This could lead to friction between families and unnecessary court and legal fees if a court is needed to resolute a legal dispute. 

If you are a relative of a person who dies intestate, you can make an application to the court for a ‘grant of letters of administration’. This needs to be done within the first two years of your relative’s passing, after which the law will begin to distribute the estate automatically. There cannot only be one administrator – there must be a minimum of two, up to a maximum of four. 

Q: Please explain the probate process further when someone dies without a Will 

A: To gain a letter of administration, you must have details of everything the deceased owned, how much it is worth, and any outstanding debts. This information is then used to fill out the necessary Inheritance Tax Returns forms. You will then be able to gain a full picture of the amount of tax that is owed to HMRC. 

Alongside these tax forms, the application also requires the original death certificate for the deceased, as well as a fee that to be paid to the Probate Registry for their service. 

If approved, the applicant(s) will be appointed as administrator(s) of the estate. This grants them with the legal authority to deal with the estate, which can require access to the deceased’s private information. 

When undergoing probate in this scenario, it is extremely complex, and mistakes are much easier to make. 

Q: How can potential disputes or complications be mitigated in the absence of a will? 

A: Having multiple administrators avoids disputes by allowing more of the deceased’s loved ones to have their interests represented, especially if the estate is complicated. However, third-party advice from a solicitor is also recommended. They can act as an unbiased party and consultant for any legal queries the administrators and their loved ones may have. 

When someone passes away it can be an extremely difficult time for all those involved in the individual’s life. To avoid undue stress and worry, everyone should have a will in place, meaning that when someone passes away, their friends and family are able to honour their memory with peace of mind, knowing that there is a plan in place for handling their estate. 

If you need help and support on matters concerning wills and probate, our team of specialists at Thomas and Thomas Solicitors provide a comprehensive range of Will services. For further support and advice, contact us here.  

Attendance

While most staff will love receiving an invite to the work Christmas party, others may not. It’s important to remember that events that fall outside of normal working hours should be considered optional. If a team member declines, they shouldn’t have to give reasons as to why but rather be encouraged to communicate their non-attendance as early as possible.

Accessibility

For those who do want to attend the work Christmas party, employers should choose accessible venues and activities that will not exclude anyone. Employers are legally required to make reasonable adjustments for disabled staff and modifications for pregnant women.

Set Clear Expectations

Before the party kicks off it’s wise to remind employees of the expected standards of behaviour. While this may feel a bit doom and gloom before the fun has even started, it can prevent misunderstandings and potential issues further down the line. To achieve this, employers should encourage everyone to have fun responsibly, highlight zero tolerance for discriminatory remarks, inappropriate conduct, or excessive drinking.

Alcohol consumption

Some employees will be looking forward to a tipple or two so it’s important for employers to remind staff that the party is a work event and to be mindful of their alcohol consumption. For non-drinkers, providing alcohol-free alternatives will ensure they’re not excluded.

To prevent overconsumption, employers can limit availability by providing drink tokens or set a limit on the free bar and encourage greater responsibility by reminding employees to look out for one another and report any concerns promptly. Employers must handle reported incidents tactfully and document them if follow-up is required.

Plan Travel and Safety

If alcohol will be served at the event, employers have a duty of care to employees, even at off-site events. Ensuring everyone gets home safely is key to a successful and responsible celebration. So, arrange taxis, reimburse travel costs, or choose a venue with excellent public transport links.

Social Media Etiquette

In the age of smartphones, office party moments often end up on social media. While most posts will be light-hearted, some could harm the company’s reputation or invade privacy. Respect privacy by reminding employees to obtain consent before sharing photos or videos of other colleagues. Encourage discretion by advising against posting anything that could embarrass team members or reflect poorly on the business.

Misconduct

If misconduct does occur, be sure to address any inappropriate behaviour promptly and professionally. Investigate complaints and take corrective action as per your company’s relevant policies. If you don’t have certain policies in place, circulate a memo to staff in advance to make your position clear.

If you’ve been injured or fallen ill due to someone else’s negligence or intentional misconduct, you may be entitled to claim compensation. In the UK, personal injury claims revolve around two primary types of damages, general damages and special damages. These categories ensure that both the physical and non-physical effects of your injury are considered. In this blog, we explore what each type of compensation entails and how it can impact your claim.

General Damages

General damages are designed to address the immediate, physical and psychological impact of your injury. These are the aspects of your life that are harder to quantify but no less significant. General damages include:

1. Pain and Suffering
   This compensates for the physical and emotional distress caused by your injury. Whether you’re dealing with chronic pain, discomfort, or mental health struggles like anxiety or depression, these damages aim to acknowledge your experience and compensate for your injury.
2. Loss of Enjoyment of Life
   Injuries can often limit your ability to participate in hobbies, activities, or everyday routines that once brought you joy. If your quality of life has diminished, this will be factored into your compensation.
3. Psychological Impact
   Emotional trauma, such as post-traumatic stress disorder (PTSD), anxiety, or depression resulting from your injury, is also considered under general damages.

Special Damages

While general damages address the personal impact of your injury, special damages focus on the financial losses you’ve incurred. These are quantifiable costs directly related to your injury, including:

1. Medical Expenses
   Special damages cover the cost of medical treatment, such as, emergency care and hospital visits, specialist consultations, physical therapy and rehabilitation and any ongoing medical needs or future treatment costs.
2. Lost Earnings
   If your injury has forced you to take time off work, you can claim compensation for any income you’ll have lost during your recovery.
3. Future Loss of Earnings
   In cases where your injury affects your ability to return to work or perform the same role, you may also claim for a loss of earning capacity.
4. Travel Expenses
   Costs related to travel for medical appointments, therapy sessions, or other injury-related needs can be included in your claim.
5. Care and Assistance
   If your injury has caused you to rely on others for care, whether professional caregivers or family members, you can claim compensation for these costs.
6. Property Damage
   If your personal property was damaged in the incident, such as your vehicle in a road traffic accident, you may be reimbursed for repair or replacement costs.

How These Damages Work Together

When making a personal injury claim, both general and special damages are assessed together to determine the total amount of compensation you’re entitled to. For example, if you suffered a back injury in a car accident, general damages would account for the pain and limited mobility you’ve experienced, while special damages cover your medical bills, lost wages, and transportation costs. Both categories are crucial in providing comprehensive compensation that reflects the full impact of your injury.

Why Seeking Legal Advice is Key

Understanding the types of compensation available is essential for maximising your claim. However, the process can be complex, and ensuring you’re awarded the full amount you deserve often requires expert guidance.

Personal injury lawyers will strive to ensure you receive the compensation you’re entitled to for your injuries, along with any other financial losses resulting from the accident.

Personal injury claims in the UK are designed to help victims recover both financially and emotionally from their injuries. By understanding the distinction between general and special damages, you’ll be better equipped to pursue a claim that addresses every aspect of your situation.

To find out more about Thomas & Thomas Solicitor’s services click here – Legal Services in South Wales – Thomas & Thomas Solicitors