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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Advice on inheritance disputes

999 replies

Ilovechinese · 20/01/2020 14:02

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.

OP posts:
Ilovechinese · 26/01/2020 20:58

@gobbynorthernbird I'm sure I did mention the appearance earlier on. Are you a solicitor? Mine has honestly not tried to stop me putting in an appearance which was quite a while ago now but as I said if I do get advises to I will have to listen

OP posts:
Barbarella1 · 26/01/2020 20:59

You have comprehension problems op. I at no time said the probate office can take it off. As for how I talked to people suffering bereavements, I have always told the truth, I’ve no time for lawyers who give clients false hope so shoot me.

Barbarella1 · 26/01/2020 21:00

chocolate50 oh please what. What do you do for a living.

Ilovechinese · 26/01/2020 21:03

@Barbarella1 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."

This is exactly what you said. So what did you mean the probate office can lift the ban?

Its one thing to tell the truth (which I believe you should) but quite another how you have spoken to me and I can't imagine it gets you many clients when dealing with vulnerable people

OP posts:
SecretMillionaire · 26/01/2020 21:04

Go onto Birkettlong.co.uk legal news 12 Oct 2016 regarding Elliot v Simmons. Costs were awarded against Simmons with an initial payment of £65,000.

Schuyler · 26/01/2020 21:08

You’re so fortunate to have received free and detailed legal advice from multiple solicitors on here.
I am an expert in mental capacity and I have given you my view. I’d rather save my energy for people who actually want the advice and support. You are essentially sticking 2 fingers up at the strangers who have genuinely wanted to help. Hmm
The majority of people have expressed sympathy, especially at the beginning. I have sympathy for your emotions and cannot imagine the sense of injustice you feel. Feelings and morals don’t come into the law, although you won’t hear of it.

gobbynorthernbird · 26/01/2020 21:08

OP, you had mentioned the appearance, I'd missed that skim-reading.

I'm not a solicitor, I'm a legal executive. However, that doesn't change the fact that unless you have evidence to challenge the will (and it really doesn't sound like you do) then you have a liability for the other party's legal costs, and the court fee, as and when they take you to court.

To give you some idea, my billable rate is £112 per hour, plus VAT. The solicitors at my firm are £186. One of the partners would cost you even more.

Chocolate50 · 26/01/2020 21:10

@Barbarella1 whatever is what I do for a living have anything to do with you?! None of your business.
You sound like a charming individual and pretty good at getting people's backs up.

User56781234 · 26/01/2020 21:10

With respect, OP, I do not recall reading that you had put in an appearance until now. I do not recall any PPs referring to your appearance until now.

User56781234 · 26/01/2020 21:13

OP, if I have got that wrong about your putting in an appearance then I apologise but given the detail of the advice that people have given you, I'm surprised not to recall it.

Barbarella1 · 26/01/2020 21:14

OP
You can twist and turn what people say. I could spend 20 minutes typing up how the caveat can be lifted but I can’t be arsed. The end result is the same.

Quite frankly you can complain your vulnerable and insult me, I don’t really care. Legal professionals deal with the law and don’t hand wring when someone tries to guilt trip them.

Chocolate50 · 26/01/2020 21:16

@Ilovechinese there are some real arses on here honestly don't respond. They're like birds pecking away at you. Also they haven't really read your posts as several 'legal people' keep referring to evidence that you've already discussed.

blueberryporridge · 26/01/2020 21:16

Solicitor who wrote will failed to define clearly enough what was included in what was left to one of the beneficiaries. It was in other beneficiary’s interests to interpret the wording of the Will very narrowly whereas the first beneficiary would have ended up with a useless property if he had agreed with that interpretation. It has eventually been resolved in a fair(ish) way but has been a very difficult and long process.

Barbarella1 · 26/01/2020 21:19

Chocolate you obviously don’t have any legal experience and are leading the OP up the wrong path. Just look at what others have posted, you are not helping at all.

Barbarella1 · 26/01/2020 21:22

Chocolate she haven’t provided any evidence. Being on strong medication is not evidence of lack of mental capacity

SnoozyLou · 26/01/2020 21:28

@Ilovechinese No, I just worked for some for quite a long time and saw this play out over and over again. I can't remember once seeing it end well. I remember one family arguing over every single personal item, right down to cutlery and blankets. Bearing in mind every solicitor's letter cost (then) £20 to send out, it gets expensive very quickly.

When people say it's "the principle of the thing", it isn't fair, and it isn't right, but the likelihood is they're on a hiding to nothing.

Chocolate50 · 26/01/2020 21:33

@Barbarella1 what are you talking about now? OP hadn't asked for legal advice and I've not given any legally based advice- I've given information from my own experience which is what OP asked for.

It strikes me as unprofessional to offer advice when you don't really know the full situation. Not to mention your posts come across as arrogant.

Soontobe60 · 26/01/2020 21:39

@Barbarella1

Feel like you're banging your head against a wall? I do! Here's my summary:

Woman is pissed off that she's not been left enough money in her dms will and asks for half brother to increase the amount.
Woman is still pissed off because half brother doesn't offer enough, so puts block on private being granted, but doesn't really understand the implications.
Woman then has to submit an appearance to continue the block, but has not got legitimate evidence.
Half brother is happy to bide his time.
Woman is getting more frustrated as she believes she should have more money.
Woman asks mumsnet for advice.
Woman repeatedly refuses to tell mumsnetters the answer to the most frequent question- what's the size of the estate, and how much has she been given in the will.
95% of mumsnetters respond to say she hasn't got a cat in hells chance.
Woman only listens to Chocolate50, who's telling her to go for it.
Woman blindly believes that failing to overturn the will won't cost her anything as she's got no money anyway.
🤦🏼‍♀️
@Ilovechinese
When you've spoken to your solicitor please update us with the advice you've been given.

Barbarella1 · 26/01/2020 21:40

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

cabbageking · 26/01/2020 21:41

I love the David Cameron quote. He's making it up as he goes along"

Barbarella1 · 26/01/2020 21:42

Soonto lol. Your so right. Don’t know why I bothered.

AuntyElle · 26/01/2020 21:42

OP, @daisychain01‘s post was very kind and empathetic, yet you ignored it completely.

Instead you berate the legal professionals giving you their advice for free, and jump on Chocolate’s muddled posts because they agree with how you think things should work.

From personal experience I can tell you that lawyers vary hugely in their expertise, ability and ethics. Whatever you do, get the opinion of more than one lawyer before proceeding. It sounds as though your solicitor may have not advised you well in putting in an appearance. If she indeed did advise you to do that.

Arthritica · 26/01/2020 21:44

OP, you're the Energiser Bunny, you keep banging away pointlessly no matter what.

For your children's sake if not for your own PLEASE stop.

Barbarella1 · 26/01/2020 21:47

Arthritics lol

gobbynorthernbird · 26/01/2020 21:49

@Arthritica, I had a boyfriend like that once

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