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

I have a letter from the solicitor that handled our conveyancing saying that it was our responsibility to check that the ground rent was paid up before we exchanged.

These were the same solicitors who had not heard that Gordon Brown had removed stamp duty from our purchase.

It's quite difficult for solicitors to get rid of a client in litigation once they have taken them on and started the case. If the client doesn't agree to go elsewhere, they have to apply to the court to come off the record and have to give reasons, e.g. that the client isn't paying their bills, or isn't following their advice, or there is a conflict of interests.

Am I missing something. Surely it was set out in her will what happens to the house. If hes not mentioned, get him evicted. he has no rights whatsoever.

The house won’t be part of the will. The house is already in OPs name (paid for using aunt’s money I think, but put in OPs name). But OP had allowed CF FWB to stay in the house while aunt was alive.

You're missing the most important part. The house didn't belong to the Aunt.

She couldn't leave it to anyone in her will because it's not her house.

Seems likely you would win so he would be liable for your costs. Get a barrister, definitely.

Well I am really confused 😕

Yeah the whole thing is confusing.

There is a law about dependents being able ro claim on an estate. He is using the fact that my aunt arranged accommodation for him to claim he was her dependent. It's a very weak claim. Potentially the court might award him some money if he was successful.

He doesn't want the case settled through court though. He wants the house which isn't even part of the estate.

He keeps offering to drop the case if I allow him to stay. It isn't even a rentable property with the new rules and I want to sell it for various reasons. Therefore he can't stay and I do have a possession order from the court which I will enforce in another couple of months.

Is he still harassing you?

Not really. It is just a line in every solicitors communication.

I did do as people suggested and told him to back off calling me and let the police know. The officer who spoke to me was really kind about it all.

Sorry to see this is still ongoing!

Have you looked to see if you can transfer the possession order to the high court? Their bailiffs can be quicker to enforce.

I can't enforce yet so no point until he has officially overstayed.

Yes still rumbling on. Still no concrete dates.

I am glad that you reported it, it might help and certainly wont hurt.

So a "PS. All this can go away if you give him a home for life, for free?"

Nah, fuck that! Keep fighting!

Of course he offers to drop the case if you let him stay in the house, he knows he has no legal claim but CFs don't give up that easily

How come the house isn't part of the estate?

This is explained about 57 times in the thread.

It isn't. As I said he can't actually touch it but he has a weak case for money. Chance of him winning isn't high but I cannot do much but wait for a court date.

Edited to say I miss understood the question. The house was a gift to me and in my name. It is part of the inheritance tax though as it was gifted less than 3 years ago and my Aunt retained a beneficial interest.

Ah right, I see. Then he hasn't a case really? I don't know about inheritance tax but this wouldn't be an issue for him as he has no case.

As I said he has a weak case to say he is her dependent and 'might', because nothing with courts is certain, get some money from the estate.

This isn't however what he wants as he wants to stay in the house.

This seems incredibly unlikely as the house is not part of the estate and a court has already agreed he has no right to live there.

The thing is, and I think I mentioned it much earlier in the thread, that what he doesnt seem to understand is that he was never her dependent. If he is anyone's dependent, he is yours! So if YOU died he might have a case given that thus far you have housed him but your Aunt definitely didn't.

She asked if he could live there and you said yes, so it was arranged by her with you but that didnt make him a dependent of hers. I cannot understand why any lawyer has taken on the case. The only thing I can think is that it was somehow misrepresented when the case was first taken on (with him perhaps implying or outright lying that the house was part of her estate) and now the lawyers are clutching at straws in order to get something to pay their fees with.

I mean I certainly think he lied to start with about a number of things.

I suspect but don't know that it's a friend of a friend on the old boys network.

It really is as nonsensical as what my friend went through. We can only suspect that the claimant just refused to listen to solicitor.

I'm sorry for your loss.
You said that you and your sister inherited from your aunt, and that morally she has a share in the house although you're the legal owner. How is your sister in all of this - does she agree with your course of action? The CF is suing you both effectively, if he is suing your late aunt's estate? Does talking to your sister about this help, as you can support each other?
I ask only because you tend to write as if you are dealing with this alone, and you should really be carrying only half of it.

Spitting mad. I am trying to play this all by legal advice but if she had her way we would go and chuck him out ourselves and say a big f off to the whole thing.

She does agree really but any conversation about this with my sister needs time and alcohol to talk her back from the edge. There is generally a lot of swearing. I didn't know my innocent little sister could swear so much.

For this reason, yeah I am definitely taking the lead. Also I am the executor with grant of probate.

She is dealing with enough other complications. I try to keep this one moving myself but she is always consulted on any decisions. I wouldn't cut her out and forward every email about it to her so she is fully informed.

It is nonsensical I keep telling myself that the courts must deal with such people all the time and presumably mostly stick to sense. However it all just worries me too.