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

What a lovely family member - fingers crossed it goes well for you OP, just what you need to take your mind off this shenanigans, even temporarily! Pleased for you 💐

What a massive pain in the arse he is. I feel so annoyed on your behalf. He must be either a bit dim (so doesn't understand his fixation on the house is going nowhere) or just plain old vindictive.

If you're going to be starting IVF soon (amazing!) it would probably be wise to really limit yourself to how much you think about his horrible man and the house. Outside of necessary legal stuff, perhaps give yourself 5 mins a day to be cross about it and then file it away again and move on!

Stand firm!

Sounds like a plan 😁

TBF I am fairly resigned now. I can go days without thinking about it unless there are emails to deal with.

How long has he lived in it?

Tell him if he doesn't move out by the stated date you will be pursuing him for unpaid rent backdated to when he moved in. Have a look on Rightmove for the average rent for a property like it in your area, I bet he will be off like a shot

if you have read all of the OP’s posts, you will see that nothing will make this man be off like a shot.

About 2 years. Closer to 3 now I suppose but I started trying to get him out around the 2 year point.

I need to follow the legal advice so I can't do that. It is all with the courts now so I really have to just go along with the 'appropriate' way to handle it. I don't dare to put any judges backs up.

This is also true. I am dealing with a CF of the highest order.

Your barrister is counsel, not council. Just saying :)

The courts can't allow this. If they did, the floodgates would open and there would be chaos.

If he has no documentation, this will be laughed out in the first 20 minutes.

am going out the door so haven't time to RTFT sorry. If he is that broke, I am not sure how he can go to court on a civil matter. I was involved in something peripherally the same and it was made very clear to me by the very kind and sensible solicitor that I employed, that I wouldn't find a barrister to take my case unless I could show means to pay. He might be doing no win no fee but even then there has to be a better chance of winning than he seems to have, to find someone to take it on.

Doing something that might allow him to claim he has tenants' rights would be a seriously bad idea.

The only documentation is a tenancy agreement that I tried to protect my aunt with. It was for a minimal rent and I didn't do it quite right so it's not actually binding but I feel it shows she wasn't intending to let him stay or give it to him.

I heard of somebody in a similar position through the grapevine. They found it almost impossible to get the person out. How long has he lived there. And did he live there with your aunt like the family home.

I see he has only lived there two years. So I agree he doesn't have much of a case.

I wouldn't worry about the mistake. It shows the status of him as a TENANT and the intention of your aunt. Tenants don't get to live in a dwelling once the owner legitimately wants them out.

Can you imagine the mess that would ensue if this case stuck in his favour? He was a freeloader then and the court will see that he is just trying to continue to freeload. A tale as old as time itself.

I obviously don't know what their solicitors are saying to them privately but they seem determined.

I suppose I just worry about the fact their solicitors are doing this. They must feel they have a case.

Yeah this isn't a long term thing.

No my Aunt lived in her main home. This was a holiday home that she frankly was using to try and avoid inheritance tax for me and my sister.

Well your aunt was clever, she didn't marry the grim little fck, so he's entitled to nothing if he's not in her will. If he takes you to court, he'll lose and then have to pay the court costs too. ho ho ho ;)

PS. you get him out properly by changing the locks and boarding it up whilst he's out, he'd be a squatter you see, as it's now your (and sisters) house. There are companies who do this for you. You only need to know when he's not in and they'll do it (in the UK). The law is fcked up and the squatters have civil rights and owners have none. So that would be necessary.