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 sounds like my psychopath uncle who spent many, many years living in his disabled wife’s mother’s huge house in an expensive area of London. Never having to pay rent or anything else for 50 years. When his wife died before her mother did, upon his mother in law’s death, he had the audacity to try to claim 25% of her estate by chasing his in-laws through the courts, which his wife would have received, had she lived.

The entitlement of these people is something to behold.

Oh I hadn't seen that bit, what a truly horrible man. I sincerely hope he ends up having to pay her legal costs when he loses.

I meant to say. My uncle had ‘assumed’ that he would be gifted the entire house after his wife passed away.

This is what I thought but he has filed in court. My solicitors are confused too because they don't think he has a claim but he is suing in court.

What a nightmare. Yes another entitled so and so trying to use the law to claim what they shouldn't have.

Thank you for this summary. I think thos is the truth. He may still feel he can force me to give in. He always has been dismissive of me as he feels I am not a 'proper woman'. I do however think there is a certlevwl of revenge in his actions. I just don't know where we will end up.

On one side his case has no standing but he is blind ro that realty.

On the other I will act within reason to lessen my costs but I will not agree to him staying. I am trying to keep a lid on solicitors fees etc and not have them do unnecessary bits but I do have to respond to legal letters and court documents. It all adds up.

You said earlier on the thread that he's terrible with money OP...he's not a gambler is he? Because if he's got a gambler's mindset he might think he's got a chance taking this all the way when most regular people would recognise that they're on a hiding to nothing and give up sooner perhaps?

Which may be a little more reassuring to you in terms of unlikelihood of success ie. He's maybe happy to pursue a 1 in 500 likelihood when most people wouldn't.

I still think it's a bit concerning about the deferred fees situation but he's got a gambler's mindset I could see how he might go all-in on a longshot.

When you get the bailiffs in to get him out (and definitely do this- it will not be a new story to them) change all the locks immediately. Could you get a clearance firm in the same day to remove all his stuff that is left in the house? As long as he’s had clear warning before the day I think you can do this? Completely clear the house- I guess you’ll want to want to wait to get it decorated for sale etc until the court process is done.

I’ve read both your posts and it’s really unbelievable what this man is doing, can only assume he thinks he has nothing to loose by going down this legal route just to have somewhere to live. I’m glad you’ve stopped taking calls from him. I hope you’ve got bailiffs arranged for when his time is up. Then let him take it to Court, it’s going to cost him a small fortune suing an Estate, especially when he wasn’t even mentioned in the Will of your Aunt.

I am not a legal expert by any means

But.

He is trying to claim he was financially dependent on your Aunt.

However, he agreed to pay rent on a property that you own, meaning he wasn’t financially dependent on her for housing. He was simply a tenant and you are his landlord.

He also paid the bills there. So he wasn’t financially dependent on your aunt for those.

And she wasn’t his carer.

They didn’t live in the property together and were not spouses/married.

So on the surface, he wasn’t financially dependent on her for anything. Which from my understanding is the basic legal definition of a dependent. Someone (usually a relative or spouse) who relies on someone else for financial support and care.

He just moved into a property as a tenant. Didn’t pay the rent, but paid the bills. And now he is being evicted by the landlord (you) as the house is going up for sale.

I don’t see how he can think that, legally, he has a case!

Seems more to me he’s just trying to drag things out so he can live there longer.

I have a feeling if the executor was another person he wouldn’t be doing this though

Not a gambler I don't think. Just grew up with certain expectations of lifestyle that he still expects to maintain whilst no longer having the means.

Yes. It is a little tricky as it I don't want to have to go there more than necessary. So many good memories that are now swamped by stress. I will get this organised though.

This is probably true.

Also possibly true.

Let's face it Op, a lifetime of no rent has got to save him huge amounts of money, far more than the estate could give him. Do you have a court date or is he just dragging this out as long as possible?

Dragging it out atm

Why doesn't he feel you are a "proper woman"? That's bizarre.

And just another excuse for not moving out.

Oh he feels that women shouldn't work in the area I do. Blaims the infertility on my job and thinks women should be at home with babies. Which is hilarious as my Aunt was way more radical in her feminism and outlook.

He had to shut up if she was around. Most of this has been said after her death.

I am not worried about the opinion of an anacronistic dinosaur like him.

Wow, op what an absolute asshole. If he's into gender norms he should be paying his own way and not mooching off two women.

So what is he actually suing for OP? Can you be specific. What is his claim. What is the actual wording of his claim?

For example, these are the types of things you can sue for in England. Which one has he filed for?

1. Contract Claims

• Breach of contract (most common)
• Misrepresentation (false statements inducing a contract)
• Claims for unpaid debts

1. Tort Claims (civil wrongs not based on contract)

These are very broad: Negligence

• Careless actions causing loss, injury, or damage
• Example: medical negligence, professional negligence

Personal Injury

• Road traffic accidents
• Workplace injuries
• Public liability accidents

Nuisance

• Interference with use/enjoyment of land (noise, smells, flooding)

Trespass

• Unlawful entry onto land or interference with goods/person

Defamation

• False statements harming reputation (libel or slander)

Fraud / Deceit

• Intentional dishonesty causing loss

Conversion

• Wrongful interference with someone’s goods

1. Property & Land Disputes

• Boundary disputes
• Ownership disputes
• Landlord and tenant issues (eviction, rent arrears)
• Adverse possession claims

1. Equity & Trusts

• Breach of trust
• Disputes between trustees and beneficiaries
• Claims involving fiduciary duties

1. Family Law Claims

• Divorce and financial settlements
• Child arrangements
• Domestic abuse injunctions

1. Employment Claims

(usually handled in tribunals rather than courts)

• Unfair dismissal
• Discrimination
• Wage disputes

1. Consumer & Commercial Claims

• Faulty goods/services (under consumer protection law)
• Business disputes
• Partnership disputes

1. Intellectual Property

• Copyright infringement
• Trademark disputes
• Patent disputes

1. Judicial Review (Public Law)

• Challenging decisions of public bodies (e.g. councils, government)

10. Statutory Claims Claims created by legislation, such as:

• Discrimination under the Equality Act
• Data protection breaches
• Harassment

Remedies You Can Seek

• Damages (compensation)
• Injunctions (court orders to stop/do something)
• Specific performance (force contract to be carried out)
• Declarations (legal clarification of rights)

Maybe suing is the wrong word. He is contesting the will.

Oh well that is a whole other different situation.

What is his claim on the estate then. Is he just claiming that he is a dependent?

Do you have the actual wording of his claim?

Just because he's filed that doesn't mean his case has any merit.The problem is that anyone can file suit against anyone for just about any reason and it's up to a judge to deny it as 'no merit'. And there are enough solicitors with questionable ethics to take cases like that, because they foresee doing little actual legal work and getting some money. After all, it really doesn't take all that much money or time to send a few letters or file a suit. In most of these cases the solicitor figures the respondent will offer some cash to avoid the costs of court and they'll urge their client to accept as long as it covers their costs + a bit. I have a feeling that, assuming what you've offered covers this costs, his solicitor has probably urged FWB to accept your offer. Problem is FWB is determined that he's going to get what he wants in the end (the house).

Where I am there can be a ruling that a person is a 'vexatious litigant'. That's a person who continually files frivolous lawsuits or keeps trying to reopen closed issues. If they are so named, they can be fined, ordered to pay all court costs, or to post bond before filing. Hopefully when he's tossed out of court that will be the end of it. But if he doesn't give up, I wonder if the UK has the same law re frivolous filers?

But the house isn't in the will, is it? And presumably any tenancy agreement is between him and you, nothing to do with your aunt?