Do You Offer Payment Options?

There are various options. Firstly you should check your insurance policies which often include legal expenses cover. If the claim is accepted by your insurer then they will pay your fees. If you do not have such cover you may be able to obtain it from an ‘after the event’ insurer, although this kind of cover can be expensive. If you are paying for our services yourself we will give you full details of our rates and indicate the approximate times when funds will be required to pursue the matter. In the unlikely event that your matter qualifies for Legal Aid, we will make sure that you are advised accordingly. Please note that Curwens does not operate a Legal Aid franchise and you will need to appoint another firm of solicitors.

What Will It Cost To Resolve This Dispute

Each situation has its own variations and hence it is not possible at the outset to ascertain the total cost of completing the work. We do fully understand that you will wish to keep costs to a minimum and we will assist by giving you clear explanations of your options, throughout the matter. We will give you an estimate and in some case can offer a fixed-fee service for you. We will always discuss with you whether there is greater merit in continuing the case or whether it would be more beneficial to settle. We will try to ensure that you remain in control.

What are the rules about paying the other sides costs? Can I claim my costs from the other side if I win?

Generally speaking if the claim is for less than £10,000 then each side will pay their own costs, whether winner or loser. If the claim is greater than £10,000 then the winner’s costs are normally paid by the loser. This is not always the case and the judge will ultimately decide. Even if you win and the judge orders costs be paid by your opponent, you will not always receive the whole amount and on top of this, if the loser ultimately cannot pay, then you may receive nothing. We are experienced in managing negotiations, ensuring that the court we see how hard we worked to achieve a reasonable settlement prior to the hearing, thus aiming to keep costs down. Assuming we then win, the court will often see that the now higher costs were not our fault and will, accordingly, decide in our favour. You, our client, will ultimately be responsible to Curwens for our costs.

The $64,000 question – Will I win?

We cannot guarantee a particular outcome. Many factors influence a judge. He or she is human after all and the decision may come down to small details or how convincing a particular witness is, on the day. We will of course give you an assessment of the strength of your case and any factors giving concern about the outcome. With this information, we will discuss with you the cost implications of proceeding to trial versus the option of trying to come to an acceptable settlement.

It is estimated that around 300,000 people die intestate (without a Will) every year. This means that the assets owned by you at your date of death will pass under the intestacy rules and not necessarily in accordance with your wishes. The main benefit of making a Will is that you can control how your assets are divided when you die and ensure that your loved ones are provided for as you see fit. Making a Will also means that dealing with your estate will be a simpler (and possibly cheaper) exercise for your family than would be the case if you die intestate.

When Should I Make a Will?

Now. It will give you the peace of mind of knowing that your express wishes will be carried out when you die. If you already have a Will but have recently married or divorced or if your circumstances have changed (for example, if the size of your estate has increased meaning that tax efficiency should be considered) then you should make a new Will.

How Much Does it Cost?

We charge £300 plus VAT for a single Will or £580 plus VAT for Mirror Wills in similar form. There will be additional charges if your Will is complex, for example of it includes a discretionary Trust or involves a lot of time and meetings, if you request a home visit or if tax planning is required. The basic cost structure will not be exceeded without discussing this with you beforehand.

Your Executors are the people who will deal with your estate after your death. They will collect and value your assets, settle any debts and discharge any inheritance tax payable, distribute any specific legacies (such as personal belongings) or money gifts you have left then distribute the remainder of your estate (the residue) in accordance with your Will. We recommend that you appoint at least two Executors in case one of them is unable to act for any reason. This can be your spouse, any relative or friend and/or a professional Executor such as firm of Solicitors. The role of your Executors will extend to holding monies as Trustees for any beneficiaries who are under 18 at the date of your death until they are old enough to receive the gift you leave them in your Will.

In your Will you can state who you would like to care for your children in the event of your death. The appointment of a Guardian usually takes effect on the death of the second parent. However, if you wish somebody other than your child’s surviving parent to become their Guardian then your Will may be used as evidence of your wishes in any subsequent Court proceedings relating to your children. The duties of a Guardian are similar to those of a parent. They are

Will You Still Need 2 Witnesses to Create a Valid Will?

t is estimated that around 300,000 people die intestate (without a Will) every year. This means that the assets owned by you at your date of death will pass under the intestacy rules and not necessarily in accordance with your wishes. The coronavirus pandemic has increased the level of demand for people wanting to write or update their wills. Due to the legal formalities of requiring a valid will to have two witnesses, with social distancing and a UK government lockdown, the coronavirus has also created a number of practical problems in terms of how a valid will can be made.

How can I sign my Will if I can’t come into your office?

In order for a Will to be valid it must be dated and signed by the testator (person making the Will) in the presence of two independent witnesses who must also sign the Will in the testators presence. The witnesses must be at least 18 years old, must not benefit in any way from your Will and generally should not be a member of your family. There is no formality for the witnesses to be acting in a professional capacity so you do not have to come into the office. We are currently offering our clients video conferencing and / or telephone meetings to go through this where required. If you have concerns about signing your Will, contact our Private Client Team.

How to Witness My Will During Lockdown?

In order for someone to witness your signature on a Will you and the witnesses must be in the same place and the same time, you cannot sign / witness a Will over Skype or other video calling methods. There has been varying advice from companies in trying to deal with this issue, but provided that you and the witnesses can see each others signatures whilst signing it should still be possible to stand two meters apart keeping inline with government guidance. The majority of clients have been able to contact their neighbour to ask if they can be witness to their Will and either deal with the signing outside their houses or even on opposite sides of a window. Obviously you should make sure that you and the witnesses wash your hands thoroughly before and after signing. If you have concerns about signing your Will, contact our Private Client Team.

Dispute Resolution Solicitors Enfield, Finchley, North London and Hertfordshire

When a dispute affects your business, property or personal affairs, early legal advice can make a significant difference to both outcome and cost.

Our dispute resolution solicitors advise clients on resolving disputes efficiently, commercially and with a clear focus on protecting their position.

We help clients explore practical routes to resolution including negotiation, mediation, arbitration and, where necessary, litigation.

Our approach is focused on achieving commercially sensible outcomes while keeping cost, disruption and risk under careful review.

Outcomes we help clients achieve

Earlier resolution of disputes
Reduced disruption to businesses and operations
Clearer understanding of legal risk and options
Better prospects of negotiated settlement where appropriate
Stronger strategic preparation for litigation when required
More commercially proportionate dispute management

Mediation and Arbitration

Court proceedings are not always the best solution.

Mediation and arbitration can often provide faster, more flexible and more cost-effective routes to resolving disputes.

Litigation

Where litigation becomes necessary, we provide clear advice on prospects, procedure, evidence, costs and next steps.

We advise on a broad range of commercial and civil disputes including:

Contract disputes
Shareholder disputes
Property disputes
Landlord and tenant disputes
Business lease disputes
Debt recovery matters

Clear Advice on Strategy and Cost

Legal costs are often a major concern in any dispute.

We aim to provide clients with as much clarity as possible regarding likely stages, risks, strategy and proportionality so informed decisions can be made throughout the process.

Contact our Dispute Resolution Lawyers in Enfield, North London and Hertfordshire today

Call us today or complete our online contact form and one of our team will be in touch.

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You have the right to be informed about what data we hold about you along with other rights set out in the legislation. Further information about your rights under the data protection legislation can be found at www.ico.org.uk

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