AIBU to refuse aunt’s FWB claim on her estate?

[Sleepneededprettyplease]

I am wondering if I am actually being unreasonable here. I obviously don't think I am but this could end up in court and I am worried.

I am executor for my Aunt's estate. She had no children herself but lived close to me and my sister and always considered us as hers. We actually lived with her for some years. Anyway as she was getting older she decided to sell most of her investments and buy a house in my name as an alternative way of investing hoping to avoid inheritance tax. The intent was always that half the value was my sisters but for other reasons she couldn't be on the deeds.

In the last few years of her life she reconnected with an old uni flame and asked me if he could stay in the house for a bit. I never really considered it mine so felt that if that's what she wanted then of course it should happen. She would visit him some of the time sort of FWB. She went out of her way to tell me that the house was for me and my sister and this changed nothing. She also told me ge wasn't in her will as she wanted us to inherit.

Unfortunately after a fairly short illness (6 months) during which she lived with me she died.

The FWB chap is now claiming he is her dependant and has a right to her estate. My lawyers tell me that legally his case is very weak and if he does contest the will they think that they can get it thrown out without even going to a full hearing as he is refusing to disclose vital information.

Am I in the wrong though? My Aunt would be devastated at the trouble this is causing.

Mostly me and my sister. A few small requests to friends and a few larger ones to charity but vast majority is for us.

If he's not in the will and not a relative what claim does he think he has?

He says that he is her dependent and he cant afford to support himself. He is ignoring all of our questions about what he has done with his money as we have evidence that he had a substantial sum less than 3 years ago.

He did try to claim he was her common law husband and that they lived together but we could disprove that. She spent less than 8 weeks a year visiting him.

What an absolute bellend.

Stand firm. Her wishes were clear. He is a chancer and has no chance in court!

He knows that he doesn't have a serious claim , but that he can make you spend money on legal advice to get him out of your hair. He's hoping you give him a few grand to fuck off! (and in a similar, but not the same, situation my solicitor advised me tbis would be my cheapest course of action)

How long has he been in the house? Court can tell him to leave but he may not. Have you-presumably-gone the eviction route as a court is involved? You may, unfortunately, need to involve bailiffs to remove him. You should be present to ensure he doesn’t take anything that isn’t his. Once he’s out, he has 3 weeks I think it is, to remove anything he owns.

Not sure what process you’ve used to remove him, but if he proves resistant, you can use this (if he has a tenancy, not sure of the legal route if he (I’m assuming) doesn’t. https://www.nrla.org.uk/resources/ending-your-tenancy/applying-to-court-after-serving-a-section-21-accelerated-possession?irclickid=33oU1j0jaxyZTI3TwCw9OUPbUkuwwEVE2VJbWg0&irpid=10078&irgwc=1&afsrc=1&utm_source=affiliates&utm_medium=affiliates

If he were to go to court either ask the court to strike it out OR for directions that he replies to your questions

Do you think he wants a payoff in order to drop his claim on the estste?

I agree he’s hoping you’ll offer him
s few quid to fuck off. He knows he’s not got a realistic claim and he won’t get anywhere in court so he’s thinking you’ll offer him say 10 grand to disappear

You are in the right, by 10.000% OP and he's a cheeky sod who should be kicked out, but cover yourself and take advice of the lawyer.

Probably. My lawyer says that until he answers the financial questions we shouldn't do it.

Another vote for him wanting a cheeky handout to disappear from your lives.

Personally I would take him to court for harrassment and fraudulent impersonation (her is trying to impersonate your autie's partner) and try to get as much off him as possible, so he is discouraged from doing this to others.

Thanks. I cannot be there when he is due to leave but I do fear it may be bailiffs in the end.

I think that it is striking out that my solicitor is talking about.

My sister would be with you. I am reluctant to spend yet more on solicitors.

I just want to be able to grieve in peace.

You are not being unreasonable @Sleepneededprettyplease he sounds like a serial cock lodger after what three divorces? Stand your ground/don’t offer him a penny. The bare-faced cheek of some people.

Was he paying any rent? Or living there for nothing?

Who are the letters from - has he got someone legally qualified sending letters for him? Surely not!

it doesn't matter if he has 10p or £100,000 he was never her responsibility and he's certainly not yours. Not married, not in living together in a relationship, own nothing together, not related. Cheeky bastard. He's a grown man, how is he not embarrassed to be saying he has nothing and is her dependent like he's a child????

Sorry OP, you shouldn't have to deal with this nonsense and stress at an already difficult time.

He wasn't paying rent. Basically she said he could stay for a few months (it was let on a very casual basis) and that just sort of lengthened and then when she was ill I didn't have the heads pace to deal with it.

I probably should have sorted it then but...

The house is yours so at least you have that.
Could you just do nothing now, and wait for him to actually put his case, then deal with it? Take some time to grieve?

Am I in the wrong though? My Aunt would be devastated at the trouble this is causing.

Given how firm she was about you and your sister inheriting, I think she'd be rather more devastated if he got anything.

You need to hit hard with your rejection of his claims. Find the strength now, nip it in bud, whack him with a watertight rebuttal and you'll have no further trouble from him. It must be awful for you, but fight now and grieve in total peace when it's done.

Fortunately my solicitor is great. They are whacking him down each time in a very thorough way.

So atm my solicitor is just responding when his solicitor writes. He has a few months left that he can officially challenge the will. So really it is a waiting game. Will he actually go to court?

It just takes its toll though and means that my accounts must be absolutely immaculate.

I wouldn't be giving him a bloody penny, the cheeky old rat! Absolute chancer

Probably true. I know she would be really upset that this means that I haven't been able to use her money for IVF. She wanted to pay for me as she was so invested in the idea of me giving her a grand niece. She wanted to be part of it when my DH and I realised we would need treatment.