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

He pays all the bills. I can force him out in late May so a while yet.

Yes but he is sueing her estate saying that he was a dependent and therefore needs to stay in the house.

You cannot get security for costs against an individual, other than in very limited circumstances the most commonly used of which is that the individual lives abroad. It’s unlikely from what OP has said that either that or any of the other prescribed circumstances will apply here.

OP the early dismissal your lawyer is talking about will be an application for strike-out or summary judgment (probably the latter as strike-out is much harder to get). Summary judgment is only appropriate for a case which can be decided without significant evidence of fact. If your man’s claim involves assertions about promises made by the deceased, that would be a significant issue of fact likely to cause a judge to say it could only be determined at trial after evidence has been heard.

I won't get a fractof the value with the state he has it in. The estate agents told me not to do this.

Thanks for clarifying. I am finding it all so overwhelming that I get muddled about what I am being told.

There is zero chance of him allowing viewings anyway so it would be pointless

There is no way this will fly. Can you imagine all the cases that would arise if this was successful. Unless he has ratified paperwork to back up his claim, he's mad to even bring this claim.

Does he know what he's getting into with costs etc? If not, someone needs to have a word with him.

I would suggest asking that if he does go to court he first has to put the money up to pay the estates costs if he loses

Ask?! What would be the point in that?

You can do it to scare him though. Get a couple of agents to do a walk through. Let him know that sale is on the cards. Just ignore him when he protests.

He is trying to psyche you out, so you return fire with fire.

Is he an actual tenant or just someone who was given permission to live there? Why is he paying all the bills? Homeowners bills as well as his own consumer use bills?

Ah, that's the bit that wasn't clear before.
And is presumably the loophole he's relying on.
What a mess for you to have to now resolve. Such a shame your aunt's best intentions are being undermined like this.

im not sure what sort of set up you’re envisioning but he won’t let them in. You really think agents are going to walk around a conflicted property?

thats if he hasn’t done the obvious thing of changing the locks anyway.

Which bit do you mean?

So sorry you are going through this OP. It sounds like whatever happens, he has made it very unpleasant.

What an absolute bastard. Don't give in, he's got no chance. He's just trying to force you to do what he wants.

I can force him out in late May
Then this is what you do, bailiffs if necessary. He is a chancer who saw an opportunity for free housing for life and is now going to drag it out. You need to stay strong minded, think of your aunt and your hopes for the future. He is a leech that needs removing (legally!)

Already had the estate agents in. He knows what is on the cards. He had a formal letter from solicitors that when he leaves he is to give the keys to the estate agent that we have decided on.

He is a tenant of sorts but I messed up on the forms so they aren't technically binding. They show clear intent from all parties that he would be a tenant though. I just missed a bit.

Why can’t you enforce now?

As a bit of a warning the house I'm in now was subject to a very similar court case before I bought it. I found out that the court costs ended up being £300k.

Order to secure costs
Request to strike out claim.
Request for summary judgement.

What a knob. Go hell for leather evicting him from your house.
How much money is in the actual estate? Is he really after a nuisance payment?

Because the legal paperwork signed by the court says late may.

I really dread this. I don't know how to avoid it.

And what did you do ?

It was before all of this so I confirmed i was his landlord

This. Get a summary hearing to strike out the claim as a first move. It would be the relatively cheap thing to do and when you win, claim the costs from him. Even if he has to pay a tenner a week, it will cost him.