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.

This.

Make sure you don't accept any rent from him otherwise you could inadvertently create a tenancy.
(I'm not a lawyer, but believe this to be the case)

My Aunt would be devastated at the trouble this is causing.

She might have been, and I know that's upsetting, but the person to be upset at here is the "F"WB. You and your sister are doing exactly what your aunt wanted you to do and specifically asked you to do. Keep knocking him back! If SHE had considered him her dependent or even a friend in need of a handout from her, she would have found a way to provide for him and she would have told you so. Based on everything you've said here she clearly didn't want that, and he doesn't need it.

Sure he is. He knows he has no legal standing so he is trying to intimidate you.
Don't let him. No response unless you get an actual legal notice. Don't engage with him at all. Just ignore the letters.

This!

Who the fuck has voted you are being unreasonable ? This man deserves nothing , don’t even consider paying him off

The solicitor says that it is important to show that I am being reasonable. The courts tend to want people to sort these things out themselves apparently so I have to show that I am trying to do so. The fact that he won't answer questions means that I am in the right not him.

Your solicitor is right. Find out who his solicitor is and make sure he wastes what little money he has. I bet you can’t wait for him to leave.

If she was living in the house surely the reservation of benefit rules mean it was still part of her estate for IHT purposes anyway? Though legally yours.

The one thing your own lawyer will be bad at is telling you his expensive time isn't worth it. It is important to be reasonable but i would highlight to your lawyer you don't need a substantial response each time and make sure you're own lawyer isn't being more diligent than he needs to be. Especially if his lawyer's letters read as if they just regurgitated some stuff from him and aren't substantive it would suggest he is not paying the lawyer to do a thorough job and I would suggest he is not particularly committed to this route and trying his luck.

I'd be concerned that he would somehow damage the house or remove items of value. Don't know the legal implications but I'd be tempted to move in with a kazoo and a banjo.

Are you in the UK? You mentioned he tried to claim to be a common law husband but that’s not a thing here.

I understand it’s worrying receiving letters from him but I’d trust your solicitor. It does sound a very weak case.

Alternative view: I wouldn't give a shag buddy free accommodation in a house I owned for a number of years and just occasionally visit. Your Aunt may have been bonkers, but it sounds like this man, who you say was involved with her for not months but YEARS, may have meant more to her than you conveniently want to narrate whilst you're busy making sure he can get his mitts on your cash.

Possibly he MAY actually have cared, have a pretty long term commitment to your aunt and be bothered heartbroken and facing homelessness. Now none of this gives him any legal claim, but the depiction of him as some money grubbing fly by night just doesn't sit with the story of a man whom your aunt wished to accommodate for some years.

She wasn't living i the house but because it was under 7 years inheritance tax has duly been paid.

Yes in the UK. Apparently it would have been a bit different if they had been cohabiting but we were able to prove that she didn't spend even a quarter of her time there. The common law husband thing was I think him just trying it on.

There's no such thing in UK law as a common-law spouse. Ignore, don't engage. If he wants to take legal action leave your lawyer to deal with everything; have no direct contact at all. He has no claim and your solicitor will soon send him packing.

She asked if he could stay after his last relationship broke down. They had been good friends at uni (I think she fancied him then) but lost contact. She mentioned reconnecting as friends after a reunion about 4 years ago and emailed intermittently for a couple of years.

2 and a half years ago they were meeting up more and his other relationship ended maybe 6 months later.

He moved in to the house on a temporary but ill defined bases at that point and about a year later she became ill. So he has lived there about 18 months and I am sure he is upset by her death.

That doesn't mean I am responsible for housing him.

Trust your lawyer on this one. He wasn't your aunt 's dependent - he was actually living in your house with your permission.

Did he know you technically owned the house and not your Aunt when he was living there and prior to your late Aunts death?

Also my question!

Yes. It was made very clear and we can prove he knew that. He signed a document to that effect.

I agree with pps that you should basically leave it to your solicitor until he runs out of time.
And ask your solicitor to keep their time and costs down.

Disgusting man.

Literally didn't say that it did.

Who's name is the utility bills in? Tell them aunt is dead and to cut off all supplies..