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

The op has mentioned this. He has deferred payment to the lawyers, so will pay with his (deluded) ‘winnings’, and court fees aren’t that much according to the op

No. I messed up and missed a page in the original agreement.

He is not your tenant, or is he? I really don't think that you should pursue him for rent - asking for trouble.
So sorry about all this.

What is this 'original agreement' you refer to?

Pretty sure legally harassment takes 2 times only? As you are able to get rid of hi at the end of May, I’m assuming you went the proper route to evict a tenant? If, as you suspect, he won’t go and you need to involve bailiffs, this is the ‘fast track’ route following an eviction notice. I unfortunately had to kick out an aggressive, non-paying tenant a couple of years ago. It’s stressy, but worth it.

www.nrla.org.uk/resources/ending-your-tenancy/applying-to-court-after-serving-a-section-21-accelerated-possession?irclickid=33oU1j0jaxyZTI3TwCw9OUPbUku1bWyY2VJbWg0&irpid=10078&irgwc=1&afsrc=1&utm_source=affiliates&utm_medium=affiliates

Going back to your previous thread, why couldn’t your sister be on the deeds? Given the expectation you share the value of the house with your sister, is that captured in the will? Finally, who lived in the house and for how long between you buying it (your aunt buying it for you) and the boyfriend moving in?

what would the harassment be? Suing someone isn’t harassment.

So when he first moved in I tried to set it up as a proper tenancy but for a very low rent. Unfortunately I mucked up the forms. It doesn't mater that much. It apparently ended up as a de facto tenancy and I have got court approval to force him out as a tenant at the end of March. Now he is suing the estate but offering to stop if I let him stay.

I have no intention of going after rent. I just want to sell the house

Thanks for the link. Yes I went the proper route. He contested but the court has said he has to go.

Contacting her "a few times a week" saying that if she gives him the house, he will go away would count!

He is trying to strong arm her into giving in just to get rid of him.

It was holiday let although TBH mostly my Aunt and her / my sisters / my friends. Some commercial letting. Enough to cover the costs. When this chap moved in he covered the bills and my Aunt still had it a holiday place.

My sister couldn't be on the deeds because of a unrelated issue to do with her relationship. It could have made her divorce more complex. As a result it was clearly understood that she was morally part owner and I will never deviate from that. I couldn't be unfair to my sister.

The house is not mentioned in my Aunt's will as it was not her property. Although given the time elapsed inheritance tax was due on it.

I don't answer the phone to him anymore. I have nothing to say to him.

@Sleepneededprettyplease

I'm not asking for particulars, but did your aunt leave so much that it's worth his while to try to get a share of it? Or is he basically trying to use extortion to get the house?

Extortion is defined as using force or threats to compel someone to hand over property, money, or anything of value. I mean, he's perfectly entitled to sue the estate if he feels he was a dependent. But he's using it as leverage to get the house. IANAL, but it seems to me that saying "Give me the house or I will sue the estate" would constitute extortion. Has your solicitor addressed this as a possibility?

He is suing the estate but offering to stop if he is allowed to stay in the house for life. It doesn't count as extortion as it is offering a remedy to a legal issue. It is just not something I will agree to. On a purely emotional level this man has tainted something my Aunt did out of kindness. He has stopped me from grieving. That house is now a constant source of stress and I want to be done with it.

On a financial level I will admit I do want the money from selling. I want my Aunt's memory associated with my child if I can hopefully afford IVF.

Edited to add. The estate is enough that he wants to by the house with it I imagine.

Firstly - I am not a lawyer!

Sounds like he doesn’t have a leg to stand on OP. He can sue the estate all he likes but it seems vanishingly unlikely he would be considered a dependent of your aunt.

Even if he was a dependent (which he isn’t), the house has nothing to do with the estate because it’s not part of it. You can evict him via normal route, which seems like you’re proceeding with.

I’m sure this is hugely stressful for you OP. He’s probably hoping you’ll pay up just to get him to go away. I think I’d rather pay lawyers than give him a penny - but I appreciate it could be ridiculously expensive. He should have to pay costs, although of course if he has no money then that’s not going to happen in reality.

Sounds really complicated. Interesting it can still be considered fair game for inheritance tax purposes. I wonder if that will strengthen his case? Sometimes people trying to avoid tax causes all sorts of unforeseen complications and legal fees are so high that lots of people just hope for the best which means those that inherit pay more trying to untangle all the errors. Has the boyfriend put a charge against the house?

No charges on the house. He doesn't have authority to do that. Yes I really wish the idea of getting the place had never occurred to my Aunt although it seemed o.k. at the time.

He does not have a case. The house is in your name, so it's yours. Serve him with notice and get him out.

He’s sueing your aunts estate for a house that is yours? You don’t have anything to do with her estate then. Does his solicitor even know the house is yours? This is very odd. Why are you even involved if he’s sueing her?

She's the Executor @fashionqueen0123

The argument is:

'does asking me to let him stay count as giving financial support because it was housing without really paying'

The answer is clearly no.

Judges look at intentions.

Giving 'financial support' is not the same as intending to support someone for the rest of their life. Therefore your Aunt asking if he could stay in your house does not make him her legal dependent with a claim on her estate.

Definitions in laws have meanings. Either he is legally dependent or he isn't.

You cannot just say that because someone helped you out once that makes you a legal dependent entitled to claim on their estate.

I can't understand why your solicitors have not already assured you that he has no claim.

He is not going to take this court because he knows he will lose. He doesn't want to go to court, he just wants you to let him live in your house. Once you have evicted him I'm pretty sure he'll just go away.

Definitely continue to ignore his calls. Mute or block him. If there is any actual action from him his solicitors will write to you. Just try to forget about him now, this will soon be over.

I agree with this. I think he thinks at the very least you'll pay him off. From what you've said before it doesn't sound like he has a case. So awful you have to go through this though. Good luck OP.

He had made it clear that he doesnt want money, the OP has floated this. He wants to keep the house, free and clear. If he doesnt get that then his intention is to make the OP use all of her inheritance (including the house) in legal costs as revenge.

He is on to a loser there as no lawyer would take a "No win, no fee" that far, but clearly he lacks that level of critical thinking.

That is harassment and you can go to the Police about it.