Privacy Policy
Background
This Policy applies between you, the user of this website and A.G.Lucas and Co, the owner and provider of this website. This Policy applies to our use of your data collected by us.
Policy Scope
This Policy applies only to the actions of A.G.Lucas and Co and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.
Data
Without limitation, any of the following Data may be collected by this Website from time to time:
- Name and address
- Phone number and e-mail address
- Date of birth
- Gender
- Occupation
- Interests
- Details about the services that you specifically requested
- Specific claim details that you enter, submit or provide to us.
- IP address (automatically collected)
- Web browser type and version (automatically collected)
- Operating system (automatically collected)
How we use data collected
Any personal Data you submit will be retained by A.G.Lucas and Co for 6 years, or until your contract with us has ended, unless we are obliged or permitted by law to do so.
All personal Data is stored securely in accordance with the principles of the General Data Protection Regulation (GDPR) 2018. For more details on security see the security section.
Information that A.G.Lucas and Co collects may be used in the following ways but in accordance to applicable laws:
- We may use your personal information to provide you with services offered by A.G.Lucas and Co. Specifically, for the purposes of pursuing claims for Mis-sold Shares, Pensions and PPI.
- We may use your personal information for auditing and quality control purposes; allowing us to improve A.G.Lucas and Co future products and services.
- We ensure that when third parties assist us in processing your personal information that they comply with this privacy policy and any other terms we specify to protect you.
- When you communicate with A.G.Lucas and Co , we may keep this communication to improve our services alongside allowing us to respond to your enquiries and requests.
- We may share aggregated information that contains no personal information to third parties.
- In addition to the above, in carrying out our contractual duties with you, we may share your information with third parties such as the Financial Ombudsman, The Financial Services Compensation Scheme, as well as the lenders or finance companies who are party to your claim.
We will not share or disclose your information to any third parties, apart from as specified above.
Data collected of subjects under 18 (Minors)
We only collect data from under 18-year-old persons when necessary, and in 100% of cases will always deal with a responsible, directly related, litigation friend that must be an adult.
Data security
Data security is of great importance to A.G.Lucas and Co and to protect your Data we have put in place suitable, realistic, physical, electronic and managerial procedures to safeguard and secure Data collected via this Website. Therefore, we do our utmost to ensure that all reasonable steps are taken to make sure that your data is stored securely.
Unfortunately, the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of the data that you choose to send us electronically and sending such information is entirely at your own risk.
Data retention policy
We understand that your data is important. We only retain your data for as long as necessary, which is a maximum of 6 years, except where we are obligated by law to retain them for longer.
GDPR Rights
The GDPR provides the following rights for individuals:
- Right to be informed
You have the right to be informed about how we use the information you have provide us with. This is covered within this Privacy Policy and is available to request.
- Right of access
You have the right to access all personal data that we hold about you. To access such information, we request that you provide us with a Subject Access Request.
- Right to rectification
You are entitled to have personal data rectified if it is inaccurate or incomplete. We will respond to requests within one month.
- Right to erasure
You have the right to erasure in certain circumstances:
- Where the personal data is no longer necessary in relation to the purpose for which it was originally collected/processed
- When you withdraw consent
- When you object to the processing and there is no overriding legitimate interest for continuing the processing
- Your personal data must be erased in order to comply with a legal obligation
We may refuse to comply with a request for erasure in rare circumstances such as in the event of exercise or defence of legal claims.
- Right to restrict processing
You have the right to block or suppress processing of your personal data. When processing is restricted we are permitted to store your personal data but not further process it. We will retain just enough information about you to enable that the restriction, as directed by you, is respected in the future.
- Right to data portability
You have the right to request the movement, copy or transfer of your personal data easily from us to you or your requested destination, in a safe and secure manner.
- Right to object
Processing based on legitimate interests or direct marketing.
- Right to complain
You have the right to complain to us if you feel your data has been processed incorrectly, been misused or we have not met your data processing expectations. How to complain? Please see our complaints policy on this website.
Third Party Websites & Services
A.G.Lucas and Co may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment processing, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services have access to certain personal data provided by users of this website.
Any Data used by such parties is used only to the extent required by them to perform the services that A.G.Lucas and Co request. Any use for other purposes is strictly prohibited. Furthermore, any data that is processed by third parties shall be processed within the terms of this Policy and in accordance with (new GDPR regulations)
This website may, from time to time, provide links to other websites. A.G.Lucas and Co has no control over such websites and is in no way responsible for the content thereof. This Policy does not extend to your use of such websites. Users are advised to read the privacy policy or statement of other websites prior to using them.
Definitions & Interpretations
In this Policy the following terms shall have the following meanings:
“Data”
Means collectively all information that you submit to A.G.Lucas and Co via the Website. This definition shall, where applicable, incorporate the definitions provided in the Data Protection Act 1998;
“Cookie”
Means a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in Clause 12;
“A.G.Lucas and Co“
Means the solicitors practice known as A.G.Lucas and Co which is authorised and regulated by the Solicitors Regulation Authority (the SRA).
“UK and EU Cookie Law”
Means the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011.
“User”
Means any third party that accesses the Website and is not employed by A.G.Lucas and Co and acting during their employment;
“Website”
Means the website that you are currently using (www.aglucasandco.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
This Policy
Changes to this policy
A.G.Lucas and Co reserves the right to change this Policy as we may deem necessary from time to time or as may be required by law.
Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the Policy on your first use of the Website following the alterations.
How to contact us regarding this policy
You can contact us via our web site contact us page, or via telephone or via post at our address.
Phone: 02920263628
Email: privacy @ aglucasandco.com
Post: Malthouse Avenue, Cardiff Gate Business Park, Pontprennau, Cardiff, South Glamorgan, CF23 8RU, Wales
Frequently asked questions.
Can A Will Be Contested?
Disputes over wills can arise in several circumstances, including:
- Testamentary capacity: The person who made the will (known as the testator) must have had the mental capacity to understand what they were doing and the consequences of their actions. This means that they must have been able to understand the nature and extent of their property, the people they were giving their property to, and the people they were excluded from their will.
- Valid execution: The will must have been executed correctly under the law. This means it must be in writing, signed by the testator, and witnessed by two independent witnesses.
- Undue influence: The testator must have made the will freely and without any pressure from others. The will may be invalid if someone was unduly influenced to make a will. Undue influence can occur when someone takes advantage of a testator’s vulnerability, such as if the testator is elderly, ill, or has a mental disability.
- Fraud or forgery: If the will was forged or if someone fraudulently induced the testator to make the will, the will may be invalid.
Claims against a will must usually be made within six months of the grant of probate being issued. This is the legal document that gives the executor the authority to administer the estate. If a claim is not made within this time, it may be too late to challenge the will.
As such, executors often wait until this six-month period has expired before distributing the estate. This is to avoid having to distribute the estate and then having to take it back if a successful claim is made against the will.
Here are some examples of how these disputes can arise:
- A family member may dispute a will if they believe that the testator did not have the mental capacity to make a will. For example, if the testator was suffering from dementia or Alzheimer’s disease at the time the will was made.
A family member may dispute a will if they believe that it was not executed correctly. For example, if the will is not signed by the testator or if it is not witnessed by two independent witnesses.
- A family member may dispute a will if they believe that they were unduly influenced to make the will. For example, if a caregiver or another family member pressured the testator to make the will in their favour.
- A family member may dispute a will if they believe that it was forged or if someone fraudulently induced the testator to make the will. For example, if someone forged the testator’s signature on the will or if someone lied to the testator about the contents of the will.
If you are thinking about disputing a will, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.
What are the different Types of Trusts?
Types of Trusts
Many different types of trusts can be set up, depending on your specific needs and goals. Some of the most common types of trusts include:
Bare Trusts: A bare trust is a simple type of trust in which the trustee holds the assets for the benefit of the beneficiary. The beneficiary is entitled to the income and capital of the trust as soon as they are old enough to receive them.
Interest in Possession Trusts: An interest in possession trust is a type of trust in which the beneficiary is entitled to the income from the trust immediately, but not to the capital until a later date. This type of trust is often used for minor beneficiaries or for beneficiaries who are not yet responsible enough to manage their own money.
Discretionary Trusts: A discretionary trust is a type of trust in which the trustee has the discretion to decide how and when to distribute the income and capital of the trust to the beneficiaries. This type of trust is often used for families with multiple beneficiaries or beneficiaries with special needs.
Accumulation Trusts: An accumulation trust is a type of trust in which the income from the trust is accumulated and not distributed to the beneficiaries until a later date. This type of trust is often used to save for a specific purpose, such as a child’s education or a retirement fund.
Mixed Trusts: A mixed trust is a type of trust that combines elements of different types of trusts. For example, a trust may be a discretionary trust for one beneficiary and an interest in possession trust for another beneficiary.
Settlor-Interested Trusts: A settlor-interested trust is a type of trust in which the settlor (the person who creates the trust) retains some interest in the trust assets. For example, the settlor may retain the right to receive income from the trust or to appoint the trustee.
Non-Resident Trusts: A non-resident trust is a type of trust that is created and governed by the laws of a country other than the country where the settlor or beneficiaries reside.
Which type of trust is right for you will depend on your specific needs and goals. It is important to consult with an estate planning attorney to discuss your options and choose the type of trust that is best for you.
Here are some examples of how different types of trusts can be used:
A bare trust can be used to hold assets for a minor child until they reach the age of majority.
An interest in possession trust can be used to provide income to a beneficiary who is not yet responsible enough to manage their own money.
A discretionary trust can be used to manage assets for a family with multiple beneficiaries or for beneficiaries with special needs.
An accumulation trust can be used to save for a specific purpose, such as a child’s education or a retirement fund.
A mixed trust can be used to achieve a variety of different goals, such as providing income to one beneficiary and preserving capital for another beneficiary.
A settlor-interested trust can be used to retain some control over trust assets after the settlor has created the trust.
A non-resident trust can be used to reduce estate taxes or to protect assets from creditors.
It is important to note that this is just a brief overview of the different types of trusts. There are many other types of trusts available, and each type of trust has its own specific features and benefits. For more information please visit www.gov.uk/trusts-taxes/types-of-trust
What are Examples of Inheritance Trust disputes?
Inheritance trust disputes can be complex and varied, but some common scenarios include:
- Disputes over the validity of the trust: This can happen if the settlor (the person who created the trust) does not have the mental capacity to create a trust, or if the trust deed was not executed correctly.
- Disputes over the interpretation of the trust deed: If the trust deed is poorly drafted or unclear, it can lead to disputes between the trustees and beneficiaries about how the trust should be administered.
- Disputes over the appointment or removal of trustees: Trustees have a legal duty to act in the best interests of the beneficiaries. If a trustee is not acting in the best interests of the beneficiaries, the beneficiaries may apply to the court to have the trustee removed.
- Disputes over the investment of trust assets: Trustees have a legal duty to invest trust assets prudently. If a trustee makes investments that are too risky or that lose money, the beneficiaries may sue the trustee for breach of duty.
- Disputes over the distribution of trust assets: Trustees have a legal duty to distribute trust assets to the beneficiaries in accordance with the terms of the trust deed. If a trustee distributes trust assets incorrectly, the beneficiaries may sue the trustee for breach of duty.
Here are some specific examples of inheritance trust disputes that have occurred in the UK:
- In one case, a beneficiary disputed the validity of a trust deed on the grounds that the settlor (the person who created the trust) did not have the mental capacity to create a trust at the time it was set up.
- In another case, a beneficiary sued the trustees for breach of duty after the trustees made a number of risky investments that lost money.
- In a third case, a beneficiary sued the trustees for breach of duty after the trustees distributed trust assets to the beneficiaries in a way that was not in accordance with the terms of the trust deed.
Other possible disputes include:
- A beneficiary was expecting more than what is set out in the trust document. This may be because the beneficiary had a reasonable belief that they would receive more, or because the trust document is unclear about the beneficiary’s entitlement.
- The individual who set up the trust was provided with negligent or misleading advice. If the settlor was not properly advised about the consequences of setting up a trust, or if they were given incorrect information, they may be able to challenge the trust.
- The trust document is either incomplete or unclear about the wishes of the deceased. If the trust document is incomplete or unclear, it can lead to disputes between the trustees and beneficiaries about how the trust should be administered.
- A trustee acts against the best interests of the beneficiary or doesn’t administer the trust correctly. Trustees have a legal duty to act in the best interests of the beneficiaries. If a trustee breaches their duty, the beneficiaries may sue the trustee.
If you are involved in an inheritance trust dispute, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.
What’s the difference between contesting a will and contentious probate?
Contesting a will is challenging the validity of a will. This can be done on a number of grounds, including.
- The testator (the person who made the will) did not have the mental capacity to make a will.
- The will was not executed correctly, i.e., it was not signed by the testator or witnessed by two independent witnesses.
- The testator was unduly influenced to make the will.
- The will was forged or fraudulent.
Contentious probate is any dispute about the administration of a deceased person’s estate. This can include disputes about
- The validity of the will.
- The interpretation of the will.
- The appointment or removal of executors.
- The distribution of the estate assets.
- The management of the estate.
- In the UK, contentious probate is dealt with by the High Court.
The main difference between contesting a will and contentious probate is that contesting a will is specifically challenging the validity of the will, while contentious probate can include a wide range of disputes about the administration of an estate.
Here is an example:
Contesting a will: A beneficiary challenges the validity of a will on the grounds that the testator did not have the mental capacity to make a will.
Contentious probate: A beneficiary disputes the interpretation of a will and argues that they are entitled to a larger share of the estate than they have been given.
It is important to note that the two terms are often used interchangeably. For example, a lawyer might say that they are “dealing with a contentious probate matter” when they are actually challenging the validity of a will.
If you are thinking about contesting a will or pursuing a contentious probate claim, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.
How Long Do You Have to Make a Contentious Probate Claim?
The time limit for making a contentious probate claim in the UK is six months from the grant of probate. This is the legal document that gives the executor the authority to administer the estate.
If you do not make your claim within this six-month time limit, you may need to apply to the court for permission to make a late claim. The court will only grant permission if you have a good reason for not making your claim on time.
There are a number of factors that the court will consider when deciding whether to grant permission for a late claim, including:
- Why did you not make your claim on time?
- The strength of your case.
- Whether the other beneficiaries will be prejudiced if your claim is allowed to proceed.
- If the court grants you permission to make a late claim, you will need to file your claim within 28 days.
It is important to note that there are some exceptions to the six-month time limit. For example, if the executor has committed fraud or concealed assets from the beneficiaries, the beneficiaries may be able to make a claim after the six-month time limit has expired.
If you are thinking about making a contentious probate claim, it is important to seek legal advice as soon as possible. A lawyer can assess your case and advise you on the time limits that apply and whether you have a good case.
Here are some examples of when you might be able to make a late contentious probate claim:
- You were not aware of the death of the deceased until after the six-month time limit had expired.
- You were unable to make your claim on time because you were ill or incapacitated.
- The executor has deliberately concealed information from you about the estate.
- The executor has committed fraud in the administration of the estate.
The 12-year limit for making a contentious probate claim in the UK applies to claims for reasonable financial provision under the Inheritance (Provision for Family and Dependents) Act 1975. This means that if you are making a claim for financial provision from an estate, you must do so within 12 years of the date of the deceased’s death.
The reason for the 12-year limit is to encourage people to make their claims as soon as possible after the deceased’s death. This is because it can become more difficult to investigate and prove a claim after a long period of time has elapsed.
If you are unsure whether you are able to make a late contentious probate claim, you should seek legal advice.
Do I have to go to court to contest the probate?
Most disputes in the UK are resolved out of court through mediation and negotiation. This is because it is generally faster, cheaper, and less stressful for all involved.
If you are considering disputing a will, it is important to contact a contentious probate specialist before you involve any other relatives or beneficiaries of the estate. A specialist lawyer can advise you on your legal options and help you to resolve the dispute quickly and efficiently.
Here are some of the benefits of resolving a will dispute out of court:
- It is faster and cheaper than going to court.
- It is less stressful for all involved.
- It allows you to maintain relationships with other family members and beneficiaries.
- You have more control over the outcome of the dispute.
There are a number of steps that you can take to try to resolve a contentious probate dispute without going to court, including
- Negotiation: You can try to negotiate a settlement with the other parties to the dispute. This may involve making concessions on your part, but it can be a good way to avoid the time and expense of court proceedings.
- Mediation: Mediation is a process where an independent mediator helps the parties to reach a mutually agreeable settlement. Mediation can be a good way to resolve a dispute without going to court, but it is important to note that it is not binding on the parties.
- Arbitration: Arbitration is a more formal process than mediation, and it is binding on the parties. However, it can still be a good way to resolve a dispute without going to court.
If you are unable to resolve the dispute amicably, you will need to file a claim with the High Court. The court will then hold a hearing to decide the case.
