Advice on inheritance disputes

[Ilovechinese]

Hi I'm just wondering if anyone on here has been to court to contest a will and if so how long did it take to get to court and what the process is. I'm going through this at the minute (well not got to court yet) but have a caveat in place to stop probate.

What evidence have you got.

Just give over. A solicitor won’t ok a will on the word of a 3rd party.

So go on what evidence have you got?

He probably isn’t going to take you to court because you have no money. No point.

He’s waiting the long game and will win.

You seem to be reluctant to reveal the evidence.

How can he "win" if it never even gets to court?!

I have already revealed it several times in here you can look back and read it

On*

Again, OP, numerous posters have pointed out that your brother does not have to take you to court and the reasons why it would be in his interest not to do so. If you have evidence, then surely it would be in your interests emotionally and financially to close this down by going to court.

So why would he say he is going to of he has no intention of it?

I think my solicitor will want us to go to mediation first.

OP, you don't seem to believe your brother about anything else so why do you believe him about this? It makes no sense.

Nah you haven’t any real evidence.

What will happen is that you can extend the caveat but eventually the probate office will say get your head out of your arse and provide actual evidence and lift the ban.

OP sorry if you’ve already posted this but % wise, what have each beneficiary been bequeathed?(I think that’s the right word)

Only your brother can answer that question. If you go to mediation, then you will be able to ask him then.

You clearly dont know what you're talking about @barbarella1 or understand I already said I put an appearance in do you know what that means?!

No legal advice op, as I've no experience of this but I just want to offer my sympathies. I also don't understand how a parent can treat their children differently and it's understandable that you're frustrated and hurt. It looks like your best option is to go for mediation and take some kind of compromise - it still won't be fair, but might keep the money between the three of you rather than legal fees. Good luck with whatever you decide to do.

OP, your brother probably thought he'd have to take you to court to get the caveat removed. However, he doesn't have to, so he hasn't bothered.

What incentive is there for your brother to go to mediation?

I’m legally qualified with many years of relevant experience. No I don’t know what you mean because your last post is incoherent.

You’ve ignored advice from more than one legal professional including one that has contentious probate experience. You on the other hand can’t string an understandable sentence together.

spanieleyes I was just wondering this. The OP, I suppose, could draw out the process, but if he was given the lion's share of the estate and the will is valid, why bigger with mediation? Particularly if the OP could be ordered to pay his costs.

Can you actually afford to go mediation if your solicitor asks for a retainer? Let's say she says she wants 5k on account to cover initial costs, what will you do?

Your right gobby. He just needs to sit back until the probate office says enough.

What incentive is there for your brother to go to mediation?

In his shoes I would absolutely refuse knowing you can't afford to go to court. Then its check mate.

He has absolutely no incentive whatsoever to go to mediation and can refuse, as is his right. He can comfortably play brinksmanship with you knowing he's got resources to draw on.

So, with the caveat in place to prevent the brother from selling the home, can he use it at all? Live in it himself or rent it? Or does it just have to sit empty?

Lol the probate office cant just say enough 🤣 they can only remove it by taking me court or us all agreeing on removing it which clearly I wont unless he gives me more so where exactly did you do your legal training?