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Common questions

  • The CICA may accept a late claim if you can show your mental health made it impossible to apply earlier. You’ll need medical records from a psychiatrist or psychologist to support this.

  • You may be able to. The burden of proof required by police and the Crown Prosecution Service is that they must show “beyond all reasonable doubt” that the assailant is guilty – sometimes this will lead the CPS being unable to charge if there are some discrepancies or a lack of evidence. The burden of proof the CICA require is much less and it is accepted “on balance of probability” that the crime took place, then you should be able to claim compensation.

  • There are cases where the perpetrator is deemed unfit to stand trial, or the court decides part way through the trial that they are too ill to be tried. You would still be able to claim compensation. 

  • The CICA offer awards for the most significant injuries including:

    • Facial fractures
    • Internal injuries
    • Fractured or dislocated limbs
    • Significant scarring
    • Psychological injuries
    • Sexual assaults

    Minor injuries that are not eligible for compensation under the Criminal Injuries Scheme include:

    • broken noses
    • fractured ribs
    • widespread bruising

    Use our Criminal Injuries Compensation Calculator to see how much your claim may be worth.

  • A physical attack or any other act or omission of a violent nature which causes physical injury to a person; or a threat against a person, causing fear of immediate violence; a sexual assault or arson.

  • Non recent abuse is another term for historic abuse, and it is usually used to mean abuse which took place in childhood, when the person involved in now over 18. 

  • The Criminal Injuries Compensation Authority (CICA) are a Government funded organisation set up to compensate innocent victims of violent crime. The intention of their payments is to act as a gesture of public sympathy for people suffering as a result of being an innocent victim of crime.

  • You usually have two years from the date of the incident to apply. The CICA count this as 1 year and 364 days. Applying on the exact 2-year mark may be rejected as being out of time.

  • A person who sustains injury as a result of a crime of violence where their own conduct has not in any way contributed to the injury; sustained injury whilst taking an exceptional and justified risk for the purpose of preventing a crime.

  • Absolutely.

    Your details and your story are treated with complete confidentiality.

    Only your legal team and the CICA will see your information, and nothing is shared without your consent.

  • If you need to go into a care home, the local authority will financially assess you to see if you need to pay for your own fees. An effective way to protect your home from being included in the financial assessment is via life interest trusts (LITs). You can do LITs in your Wills if you own a property in joint names with someone (e.g., your spouse) as tenants in common. The effect of the LIT is that when the first of you dies, the survivor can continue living in the property for life but if they go into a care home, only their half of the property is included in their financial assessment. This is because the deceased’s half of the property is left to the ultimate beneficiaries in the LIT (e.g., your children). Therefore, at least half of the property value is ringfenced for the ultimate beneficiaries.

  • Care fees:
    If you transfer your home into someone else’s name and the sole intention is to avoid the payment of care home fees, the council will deem the transfer to be a “deliberate deprivation of assets”. If the local authority believes a transfer has occurred for this reason, it can place a charge against the property so that care fees are repaid when the property is sold. There is no time limit on this after which it is OK to transfer a property – the local authority can go back as far as they like.

    Tax implications:
    A transfer of property, in which you are living, to your children can be regarded by HMRC as a “gift with reservation of benefit”. This means that even after seven years have elapsed, it can be treated as part of your estate for inheritance tax purposes. Some people think that they can avoid this if they pay a nominal rent to their children. However, the rules are extremely strict and it is necessary to ensure that the rent paid it a full market rent and that there are regular rent reviews. This is not a comprehensive list of the rules which would apply.

    Other consequences:
    There can be other unforeseen consequences. For instance, should your child subsequently get into financial difficulty and be made bankrupt, this could result in the trustee in bankruptcy calling for your home to be sold. In addition, if your home is transferred into a child’s name and then that child divorces, their share of the home may form part of their divorce settlement.

  • A deed of variation (DOV) can be used to vary a Will or the intestacy rules after someone dies, within two years of the date of death. DOVs are often used to change the beneficiaries of an estate or the gifts themselves. A DOV cannot help someone to avoid paying care fees as such, and the effect on inheritance tax (IHT) must also be considered.

  • Yes, sometimes. This usually requires agreement between the life tenant and the beneficiaries. Ending a trust early can have tax consequences, so always seek legal advice first.

  • Yes. It is perfectly normal and perfectly legal to name the same person or people as both an executor and a beneficiary in your will.

  • Yes. It’s perfectly normal and legal for someone to be both an executor and a beneficiary in your Will.

  • Yes. But you’ll need to value assets, calculate inheritance tax, complete forms, and settle debts correctly. Many executors prefer a solicitor’s help to reduce risk.

  • Yes, with proper planning. Using your full allowances, making tax-free gifts, leaving money to charity, and using business or property reliefs can help reduce or even avoid IHT altogether. Speak to a solicitor to plan effectively.

  • Yes, if the first part of the couple has passed away, the surviving spouse can move to another property of their choice. If there are any access funds left over, there is then a choice as to what happens with these funds. These monies can either be paid out. These monies would be split as follows - half to the survivor out of the couple and the other half to the ultimate beneficiaries. The ultimate beneficiaries would be those named in the Will who are to receive the half of the property belonging to the part of the couple who has passed away first. A common example would be children. The other option is that the monies are invested into a Trust account. The latter is a better option for inheritance tax purposes.

  • Yes, you can appoint multiple attorneys. You can also specify if you want them to make decisions jointly or if they can act independently.

  • No, an LPA must be set up by the individual while they still have the mental capacity to understand the implications of their decision.

  • No. Unless you own property together as joint tenants, unmarried partners don’t automatically inherit without a will. Writing a Will is the only way to protect them.

  • Where an adult needs to go into a care home, any property they own will be considered by the local authority in their financial assessment to see if they have to pay for their own care fees, unless it is deemed part of the mandatory disregards. Subject to certain conditions, from April 2015 a property must be disregarded from the financial assessment if the person’s child is living there and is: aged over 60; aged under 18; or incapacitated. Therefore, it is as if the person going into care does not own the property so it is not counted in their financial assessment and the child can continue to live there.

  • While doctors often consult with family members for insights into a patient's wishes, without an LPA, they are not legally bound to follow the family's decisions. An LPA ensures that the appointed attorney's decisions are legally recognised and followed.