Update to AIBU to refuse Aunt's fwb claim on her estate.

[Sleepneededprettyplease]

Posting here because it is where I put the first thread.

A brief summery is that my Aunt died and her FWB is trying to say that he is entitled to part of her estate because she had asked me to allow him to stay in a house she had invested in for me. Anyway if you want the full story feel free to read what I put on the first thread.

Anyway the main thing is that he is now sueing in the courts. I need a bit of a hand hold please. My lawyers have suggested getting a barristers opinion so I am just waiting for that. I wouldn't even mind if it was possible to just go to mediation but he wants the house for the rest of his life and won't consider anything else.

www.mumsnet.com/talk/am_i_being_unreasonable/5505433-aibu-to-refuse-aunts-fwb-claim-on-her-estate?utm_campaign=thread&utm_medium=share

Yes. As I said before technically he is contesting the will as a dependent who needs support from the estate. However he has refused financial settlement and only want the house.

I'm no lawyer but I can't see how he can get anywhere.
Do you trust your solicitor? You say, 'My solicitors are confused too because they don't think he has a claim but he is suing in court.'; do you think that's definitely true? If so I suppose the question is who is his solicitor who thinks he DOES have a claim?

I trust my lawyer. They didn't expect him to file as he has such a weak case. They are fine with the fact he has and aren't bothered they just think that it is a waste of time.

I just hope it doesn't cost you any money ie he has to pay costs and fees if (when) he loses. But you say he has no money? Do you have to pay upfront for your legal team?

It worries me a bit that they're being so passive about the whole thing. No/weak case means it's in your interests to shut it down asap, and instead they seem to be just going with the flow because they get paid either way.

Just fyi it's a myth about 'getting your costs back if you win'. It's really rare to win 100% of your costs. It's more like 60-75%, which is even more reason to have a talk with your solicitors and find a way to keep your out of pocket costs down. Your solicitors should be acting in your best interests, not going through the motions for £££ and passively reacting to him driving a baseless case forward.

Agree, they don't sound very proactive.

t

Yes. I am fully paid up.

The reason they aren't being more proactive is because that will hike costs. This legal stuff seems to be a lot of do something then wait for a response. They have discussed strategies with me and I am choosing the one that doesn't cost everything but protects me as best they can.

I can see this. If your team truly feels his case has no merit (and it sounds like they do) then why bother to respond to his every little 'move'. Better to save the time and effort (and money) and use them when actually before a judge.

The house isn't in the will, BUT he's using his relationship with the house/the aunt who gave him permission to live there as 'proof' that he's a dependant of the aunt and should get something from her will, even though he's not named in it.

Thing is, people can take you to court. They don’t need a viable case.

Until they get to court, there is no authority who says “ stop sending OP legal letters, you don’t have a case” people are free to appoint a lawyer to do all of this, and to be frank the bar to get rid of it under harassment is pretty high otherwise most lawyers wouldn’t have any work.

this confusion about why this is happening when it appears to be a frivolous case misses the point- it’s perfectly acceptable to try a try and bring a frivolous case (or what turns out go be no case)

It might get knocked back in an early hearing if OP is lucky but that’s cost you legal advice and representation.

I guess the converse argument is, OP is choosing to pay lawyers to engage with him at this stage, and the expense of this isn’t mandatory (although for people who can afford it would is sensible to invest)

I suppose yes I could have cut some costs on legal advice but as I am not a profligate idiot I can afford to hire lawyers. The costs so far are well worth it for my peace of mind. I am still worried and upset. I don't imagine that is unusual and thank you to you and the many other people who have been sympathetic.

I really hope the one case is enough to shut him up.

Good legal help is worth its weight in gold.

I'm currently going through a legal separation (I'm plaintiff) and the things I didn't know or that I assumed was a certain way means I could have made a real mess of things. You are wise to have legal counsel.

I wouldn’t have it any other way if I were you. Just responding to the idea that he isn’t allowed to disturb you or the court with his frivolous complaint- one of the hardest parts about all of this is that you can get validation that you’re right and he’s wrong, but it’s still cost you and that’s infuriating

Just had a thought.....if you make a police complaint about the harassment (it definitely is btw), it may help. Not in this case necessarily but if he tries to bring another case it may help in having him declared a vexatious litigant.

NAL, this was just a thought!

Really sorry you're going through this @Sleepneededprettyplease it sounds awful and not what you need when both grieving your aunt and suffering from infertility.

Just a quick question re costs - you say you are paying the costs, but if he is contesting the will then is it not correct that the estate should pay the costs? I understand that maybe you feel you should pay the costs if it relates to a property you own, but is it not better to set the costs against the estate and therefore reduce the inheritance tax bill? You could then "square up" with any other beneficiaries afterwards if you felt it was right to do so.

It is a little bit complicated as to whether or not the costs can come from the estate at the moment. As I don't want to have to pay for definitive opinions on that as well I have agreed with my sister that I will pay now to keep things definitely above board. In the end the estate will reimburse us before splitting between us.

I suppose registering what is going on might help. I will give them a call.

Thats it. There are all sorts of little details that I would never think of. The lawyers also reduce my stress a lot.

@Sleepneededprettyplease I'm a great believer that what goes around comes around.
Get this CF FBW out of your house (which will happen in a matter of weeks now) so you can do what's needed and get it up for sale. That will give you the prospect of money for your IVF at least hopefully a matter of months.
The rest will go through due process and there seems little to no chance that said CF will get anywhere. And if the universe is kind you will get what you want/need /deserve and put it all behind you. Wishing you well with everything.

Thank you.

This is awful OP.
I bet you can't wait to evict him, when you say he's ringing you, what is he saying?
Definitely report that to the police, create a paper trail of his behaviour.

He just keeps asking to be able to stay. Says my Aunt promised him etc etc.

Yep, harassment then.
Having that on record will definitely help your cause.