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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Take us to court or bugger off.

(16 Posts)
IHopeYourCakeIsShit Mon 16-Oct-17 15:00:58

My parents were beneficiaries of a friend's will.
Approx 6 months ago a relative of the deceased challenged it.
The relative is using a no win no fee firm, letters have been passed to and fro and some time ago my parents asked their solicitor to send a letter saying, take us to court or do one (more politely obviously)
The other party now wants a mediation meeting, but my parents have had enough.
They have already racked up fees of £5k and do not want to pay even more to cover anything else.
Should they just tell the solicitor to send another letter? The probate office have apparently had no official letter lodging a challenge.
I think the relative may well be a chancer and my parent's solicitor is taking the pee?

Bombardier25966 Mon 16-Oct-17 15:06:54

A court would expect you to have attempted mediation wherever possible, a refusal would not be looked upon favourably. Frustrating but all part of the process.

IHopeYourCakeIsShit Mon 16-Oct-17 15:11:30

So at what point would it be reasonable to say ok enough now, before the money is eaten up by fees?
They can't understand why the relative hasn't lodged anything formally.

Anecdoche Mon 16-Oct-17 15:37:41

i would imagine because they dont have a hope in hell of winning so the nwnf sharks they have engaged are giving them a load of crap while trying to scare your parents into coughing up.

because if it goes to court they wont win.

just a guess.

IHopeYourCakeIsShit Mon 16-Oct-17 15:41:25

That's how I feel, this has been going on since May.
I don't want my parents to be disadvantaged by refusing mediation, but they have no intention of willingly giving any money to the relative, so they think it rather pointless.

AcrossthePond55 Mon 16-Oct-17 18:35:53

If the relative hasn't lodged anything in the courts, this might be either a 'shakedown' attempt or an attempt to settle things 'amicably'. No way of really knowing without knowing the relative.

As far as your parent's solicitor, £5k just to write some letters? Has the solicitor seen the will and given an opinion on its 'airtightness'?

I'm in the US so I don't know about mediation in this type of situation and whether the courts would look favourably on it or not. I mean, what would be accomplished? "Give us money". "No".

Ttbb Mon 16-Oct-17 18:37:08

Say that you will do it so long as they pay for it given that their claim is hopeless.

babybarrister Mon 16-Oct-17 19:19:16

Message withdrawn at poster's request.

Collaborate Mon 16-Oct-17 20:52:17

6 months from grant of probate to bring an Inheritance Act claim.

AlexanderHamilton Mon 16-Oct-17 20:55:51

To be honest I just wouldn't engage. What's the poain't of racking up any more fees. If they lodge a claim then mediation can be offered then.

Sounds like they are chancers.

MrsBertBibby Mon 16-Oct-17 22:58:21

The civil pre claim practice direction is big on ADR (mediation, arbitration, etc). So a refusal to do it can have costs consequences. Unless you win outright, I suppose.

Has probate been obtained yet, OP?

prh47bridge Mon 16-Oct-17 23:31:20

As Collaborate says, the time limit for an Inheritance Act claim is 6 months from grant of probate. After that they would have to get the permission of the court to bring an out of time claim.

IHopeYourCakeIsShit Tue 17-Oct-17 08:11:43

Probate has been claimed, the house was sold. I think the money was all but handed out, it's being held by the solicitors I believe.
Some money was spent getting the deceased's house in a state to sell apparently.

Collaborate Tue 17-Oct-17 09:03:52

When was probate granted? What are the solicitors for the disappointed relatives saying their grounds for challenge are?

IHopeYourCakeIsShit Tue 17-Oct-17 09:52:08

Probate was granted ages ago, I can't quite remember but at least 9 months?
Grounds were initially testamentary capacity/undue influence, but recently there have been accusations of fraudulent something or other which I'm damned if I can remember confused

birdladyfromhomealone Tue 17-Oct-17 22:30:58

my Step sister tried this. she knew she wouldnt win but knew we would spend thousands on legal fees so for her that was winning.

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