Monthly Archives: July 2017

Problems Making a Will Electronically

The Law Commission’s report on making a will needs to be updated so as to reflect modern day society and bring the law in line with the electronic age.

The law on making a will (usually by solicitors) has not been updated for many years. In fact 40% of people in the UK die without making a will, the consequences can be damaging to the loved ones left behind.

The lack of a will may also cause squabbles and arguments, the estate left with paying the death taxes at 40% when there are simple legal matters that can be done before death to reduce the impact of tax. After all, the deceased would have paid all those taxes over the years, why pay the HMRC again when you die. It’s simply a double tax.

Counter Arguments to Making a Will Electronically

The report is thinking that wills can be made by:

Text message
Email
Voicemail

It is also considered that people as young as 16 years of age can also make a will electronically. It will make the process of drafting a will easier and more accessible. However there is another serious balance that has to be considered.

Whilst it is welcomed that the law should be simplified and easier to make a will it has to take certain safeguards into account. Such as electronic documents can provide a treasure trove for dissatisfied relatives. They could go through every email, text and find out the right one that suits their point of view, or the deceased’s real wishes.

Whatever the law, it certainly must be brought up to date and we welcome such changes providing that the correct safeguards are on place.

Make A Will By Text Message!

Fatal accident claims solicitors can report that there is ongoing investigations that the law relating to will writing in outdated and must be kept up to date with modern technology.

It has been mentioned that text messages, emails or even voice mails could be considered binding on the deceased’s estate on how the testator’s wishes are to be carried out.

The Law Commission’s Report on outdated wills has advised that the Wills and Probate Law needs drastic overhaul as only 40% of adults die without a will.

Importance of Making a Will

It cannot be underestimated how important it is to make a will. At fatal accident claims solicitors we appreciate that the young especially do not consider making a will and adults only begin to think about it when they start a family or suffer from an illness. Even then, many still do not make a will.

The Law Commission has called for the documents to be produced electronically on smart phones, tablets, computers and be available to people as young as 16 years.

Such digital intervention is allowed in countries such as Australia and Canada but there are counter arguments that a change in the law could trigger more family arguments than it solves.

We would appreciate your thoughts, should making a will be updated and allowed to be produced electronically or not?

Fight for Dignified Death

Whilst we are experts in fatal accident claims there are moments when the law affect other aspects of our lives. The right to die, has been brought into the court once again when a campaigner who is terminally ill requires the court to determined when he can die with ‘dignity’ rather than being ‘entombed’ by his illness.

The High Court will determine the fate of Noel Conway, 67 years of age, a retired lecturer who is suffering from the debilitating motor neuron disease.

It is reported that he has less than one year to live and Mr Conway would like to control his end of life wishes. When he has less than 6 months to live and has mental capacity to make the decision, he wishes to bring about a ‘peaceful’ death with professional help from doctors.

No medical professional can intentionally accelerate death otherwise, under the Suicide Act 1961, a doctor (or family member/friend) may face up to 14 years imprisonment.

Fatal Accident Claims

Mr Conway requires a declaration that the Suicide Act is incompatible with the Article 8 of the European Convention of Human Rights which relates to respect for private and family life and Article 14, which protects against discrimination.

However the right to die has to be balanced the possibility of family members putting pressure on the patient to end their life. It is a difficult case. The Justice Secretary is opposing the case and the trial continues.

Car Insurers Hike Up Premiums by One Call

Road Traffic Accident If you have been involved in fatal car accident or non fatal accident you must report the accident to your insurance company. Failure to do so may result in you not being covered for the accident claim.

The reason why it is important is because your insurance company need to find out what has happened and protect your position on liability. Put it another way, they will need to ensure the reduce their compensation payout to another party.

What If the Non Fatal Accident Was Not Your Fault?

If it was not your fault there is a report in a national newspaper to suggest that if it was not your fault, or you simply wanted to report a problem and call up your insurance company and never made a non fatal accident claims then your insurance premium may still rise.

Fatal Accident Claims All insurance companies are now linked to a central database called the CUE (Claims and Underwriting Exchange) when they consider what your premium insurance will be when it comes up to a renewal.

If there are any calls logged for road traffic car accidents, claims against your home insurance policy or a personal injury claim, they will take this information into account.

It appears that it matter not about fault it will simply be a flag of on the system which may trigger a higher premium.

Should You Make That Call To Your Insurer?

The small print is yes otherwise you could face a bigger problem where you insurer could avoid liability for any claim being make against you.

Police Charged for Dangerous Driving

Can the police be charged with causing death by dangerous driving or causing death by careless driving during an emergency 999 call? The answer is, as you would expect, ‘it depends on the circumstances.’ If the police were found guilty of causing a fatal accident then the dependents of the deceased can claim compensation.

During a high speed chase or a 999 call to come to a burglary or road traffic accident, the police are no different and are subject to the law despite the circumstances.

Death by careless driving brings lesser charges than death by dangerous driving as you would expect but any such charges brought against a police officer may not only mean a possible jail sentence but a loss of his or her job as a police officer. The result can therefore be devastating in addition to the guilt and psychological trauma giving rise to the accident.

But can one split second decision mean the difference of life or death, innocence and guilt? It will depend on the circumstances and facts of the case. Certainly the urgency of the call or the event will be taken into account and the risk that the office put himself or herself applied in the circumstances.

Thus the need for high speed to attend a possible fatal car accident or crime being committed has to be balanced with the need for the officer, whilst traveling to the scene to make sure that the police officer does not take unnecessary risks. The obvious one that springs to mind is failing to stop at a set of traffic light where the light is on red at speed. One would expect that the officer would slow down to ensure that the road was clear rather than carry on at speed through the junction without checking whether it was safe for the vehicle to proceed.

Ambulance and Fire Service are Subject to the Same Rules

The law is not restricted to the Police the ambulance service and fire brigade are subject to the same law. Without it applying to the emergency services could mean that innocent by standers are killed or seriously injured which will result in further harm and misery to others.

Hit and Run Driving – Man Jailed

A set of tragic circumstances led to the loss of two young cousins in a hit and run case on New Year’s Eve. The driver was convicted of careless driving and jailed for 4 years.

The set of regrettable circumstances are:

Hungarian man allowed to come to the UK with criminal convictions.
His friends also with criminal convictions allowed in the UK.
Not just criminal convictions but the driver was in prison.
Three accomplices tried to help the driver get away.
Driving without a licence.
The two young cousins moved to the UK for a better life
Following the conviction, the judge did not know if he had power to deport the men.

The judge heard that the driver who was convicted for careless driving rather than dangerous driving had convictions for car theft, gang robbery and aggravated assault. It was estimated that he was driving about 40 mph in a 30 mph zone, at least he was doing 29 mph. He was charged with careless driving rather than dangerous driving due to the fact that CCTV footage showed that a van had obscured his view resulting in less time to react.

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