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How long does a claim take?

There is no hard and fast rule as to how long a dispute regarding the validity of a Will can take.  If a dispute is settled early into the process then resolution can be reached in a matter of weeks or months.  If, on the other hand, matters have to proceed all the way to trial then it is not unheard of for disputes to last anywhere between 18-24 months.

Related FAQs

What technology is being used by the COP for remote hearings?

Interestingly, there is currently no ‘single’ technology to be used by the judiciary within the protocol. The court and parties must choose from a selection of possible IT platforms or audio/telephone hearing (further details available in the guidance e.g. Skype for Business, Microsoft Teams, Zoom etc.) The particular platform must be agreed at the outset of each case and then specified in the case management order. The guidance issued also sets out the basic principles which apply when conducting remote hearings.

What is the penalty for failing to comply with the individual consultation obligations?

Failure to comply with the individual consultation obligations could render the dismissal unfair and expose you to a financial penalty of the lower of up to 1 years gross pay or the maximum statutory limit (currently £88,519).

My dad has left one of my siblings much more than me and I don’t know why. Can I challenge the Will?

You cannot challenge a Will just because you feel that it is unfair (apart from in some limited circumstances where you if the Will does not make ‘reasonable financial provision for you’ – see our Financial Provision Claims FAQs).

However, there may be legitimate reasons for you to contest the Will, including if you think that your dad did not know what they were doing when they made the Will, or if you think someone was being forced to make the Will. See the other FAQs in this section and consider whether any of these apply to your circumstances.

These types of claims are very fact-specific so it is not possible to give a straightforward yes or no answer as to whether any such claim is available to you. You can contact us for advice and we can advise you whether we think that you have a claim.

Will there be further measures for self-employed announced?

The Government assured parity for the self-employed but it has since accepted that this would be difficult to achieve. The Association of Independent Professionals and the Self-Employed (IPSE) has worked closely with the Government on implementing the current self-employment income support scheme. IPSE has confirmed that it will continue to work on helping to extend measures to all freelancers in need as a result of Covid-19.

The Government announced an extension to the Self-Employment Income Support Scheme from 1 November 2020.

 

Is there anything I need to put in place for their return? What are my responsibilities?

The basics of health and safety law requires that employers take “all reasonably practicable steps” to ensure workers’ safety and that a suitable and sufficient assessment of risk is undertaken. It is the individual assessment of Covid-19 risk in each workplace that will be central. Employers will be required to conduct a robust risk assessment and then, following the hierarchy of controls, put robust processes and safeguards in place to address those risks.

UK government guidance and HSE advice is continually evolving, which in practice means that any risk assessment will need to be reviewed very regularly as that guidance develops. There is flexibility for individual businesses within the overall government framework and there will need to be a process of evaluation to ensure that the measures in place continue to meet the requirements.

The starting point of avoid, eliminate and control means looking at individuals continuing to work from home where possible (the fewer the number of people back in the workplace the lower the risk), and if not look at risk management, which leads to administrative controls – i.e. changing work practices before ending up at PPE. PPE is generally seen as control of last resort but in practice – facemasks, disposable gloves and constant prompts to wash hands for example.

In terms of changing working practices, employers should be thinking about:

  • the workspace and how this is laid layout
  • how do we make sure it is kept clean and hygienic
  • how do we keep people apart
  • how can we use toilets, canteens or other shared spaces/facilities safely
  • how do we promote and enable higher levels of workplace hygiene
  • if we are going to rely on PPE – can we get it, and is it suitable
  • what about limiting customer interactions
  • will there be enough first aiders on site
  • can we manage fire safety, deliveries etc
  • what about higher risk workers
  • should work tools and equipment be allocated on an individual basis to employees.

These decisions need to be recorded and clearly communicated to staff members.