Welcome To Our Blog
This will be the place to find all breaking news and updates from Thompsons and personal injury litigation in general.
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- Historic Abuse
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Recently, a carefully worded statement was released by Prince Andrew’s legal team confirming that a settlement had been agreed in the civil case raised by Virginia Giuffre, who accused him of sexually abusing her when she was a teenager.
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In late 2021, the British Academy of Audiology (BAA) released a report following their review of the standard of care provided by NHS Lothian Paediatric Audiology services. For many, this report flew under the radar; missed among the countless other negative stories which have filled our news reports over the past couple of years.
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- Employment Law
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Workers employed within the hospitality industry routinely face tactics from their employers that clearly break the law.
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- Main
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2020 was a fairly bonkers year for obvious reasons. At the peak of Tiger King, banana bread, and furiously checking whether your walk outdoors was legal or not, Easyjet were yet another multi-million corporation caught up in a GDPR breach.
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- Private Client
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Who can deal with a deceased person’s estate?
When someone dies without a Will (known as dying intestate), it is a common misconception that the surviving spouse or another family member can simply deal with all estate matters. However, this is not the case. An Executor has to be appointed. This is the case particularly where the assets which make up the estate are of high value or, indeed, if there is property involved. It is also the case where there is a claim to be dealt with on behalf of the estate.
If the deceased has made a Will, the Executors are easily identified as they are narrated in the Will. However, if there is no Will, a Court process has to be undertaken in order to have an Executor appointed. There is a particular hierarchy set out in law as to who can be appointed as Executor.
Estate claims
If there is a claim which requires to be advanced on behalf of the estate, an Executor will require to be appointed. In order to raise any Court action, an Executor must have been appointed by either (i) a Will or (ii) the Court.
Confirmation
If a Court order is to be granted and any claim raised does not settle, you will also require to obtain Confirmation (the Scottish version of probate). You do not need Confirmation to raise a claim but you do to obtain a Court order.
Confirmation provides the Executor with the authority to deal with a deceased person’s assets and to administer and distribute the estate according to law. The process for obtaining Confirmation again involves an application to Court.
When claims are being dealt with on behalf of estates, the importance of having an Executor appointed cannot be underestimated.
Of course, the process of having an Executor appointed by the Court can be avoided if you have a Will in place. We would encourage everyone to have a Will in order to ensure that their affairs are in order and to avoid the family left behind having to become involved in additional legal procedure.
Should you wish to make a Will or discuss the benefits of having one in place, please do not hesitate to contact our Private Client team who will be happy to assist you.
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- Health and Safety
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Four and a half years ago, the UK’s cladding scandal was exposed in tragic circumstances. Four and a half years on, thousands of people across the country are still living with the consequences of these substandard and sometimes unlawful building practices, effectively trapped in unsafe homes and without access to recourse.
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- Main
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Universal free school meals for primary school children is not perhaps the most headline grabbing achievement of devolution but in terms of what it means for children’s health and educational prospects it should be right up there with abolishing university fees and the smoking ban.
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- Employment Law
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16 Days of Activism is an International Campaign which takes places between the 25th of November and 10th of December each year. The key aim and purpose of 16 days is to use these 16 Days to take action on preventing and eliminating Violence Against Women and Girls. The global event was sparked in 1991 by the first Women’s Global campaign and this year marks the 30th anniversary. Despite 30 years since the campaign’s inception and the people that the campaign has reached around the world – Violence Against Women and Girls in Scotland and around the world remains rife, and its impacts are devastating.
