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Legal matters

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Take us to court or bugger off.

15 replies

IHopeYourCakeIsShit · 16/10/2017 15:00

My parents were beneficiaries of a friend's will.
Approx 6 months ago a relative of the deceased challenged it.
The relative is using a no win no fee firm, letters have been passed to and fro and some time ago my parents asked their solicitor to send a letter saying, take us to court or do one (more politely obviously)
The other party now wants a mediation meeting, but my parents have had enough.
They have already racked up fees of £5k and do not want to pay even more to cover anything else.
Should they just tell the solicitor to send another letter? The probate office have apparently had no official letter lodging a challenge.
I think the relative may well be a chancer and my parent's solicitor is taking the pee?

OP posts:
Bombardier25966 · 16/10/2017 15:06

A court would expect you to have attempted mediation wherever possible, a refusal would not be looked upon favourably. Frustrating but all part of the process.

IHopeYourCakeIsShit · 16/10/2017 15:11

So at what point would it be reasonable to say ok enough now, before the money is eaten up by fees?
They can't understand why the relative hasn't lodged anything formally.

OP posts:
Anecdoche · 16/10/2017 15:37

This reply has been deleted

Message withdrawn at poster's request.

IHopeYourCakeIsShit · 16/10/2017 15:41

That's how I feel, this has been going on since May.
I don't want my parents to be disadvantaged by refusing mediation, but they have no intention of willingly giving any money to the relative, so they think it rather pointless.

OP posts:
AcrossthePond55 · 16/10/2017 18:35

If the relative hasn't lodged anything in the courts, this might be either a 'shakedown' attempt or an attempt to settle things 'amicably'. No way of really knowing without knowing the relative.

As far as your parent's solicitor, £5k just to write some letters? Has the solicitor seen the will and given an opinion on its 'airtightness'?

I'm in the US so I don't know about mediation in this type of situation and whether the courts would look favourably on it or not. I mean, what would be accomplished? "Give us money". "No".

Ttbb · 16/10/2017 18:37

Say that you will do it so long as they pay for it given that their claim is hopeless.

babybarrister · 16/10/2017 19:19

This reply has been deleted

Message withdrawn at poster's request.

Collaborate · 16/10/2017 20:52

6 months from grant of probate to bring an Inheritance Act claim.

AlexanderHamilton · 16/10/2017 20:55

To be honest I just wouldn't engage. What's the poain't of racking up any more fees. If they lodge a claim then mediation can be offered then.

Sounds like they are chancers.

MrsBertBibby · 16/10/2017 22:58

The civil pre claim practice direction is big on ADR (mediation, arbitration, etc). So a refusal to do it can have costs consequences. Unless you win outright, I suppose.

Has probate been obtained yet, OP?

prh47bridge · 16/10/2017 23:31

As Collaborate says, the time limit for an Inheritance Act claim is 6 months from grant of probate. After that they would have to get the permission of the court to bring an out of time claim.

IHopeYourCakeIsShit · 17/10/2017 08:11

Probate has been claimed, the house was sold. I think the money was all but handed out, it's being held by the solicitors I believe.
Some money was spent getting the deceased's house in a state to sell apparently.

OP posts:
Collaborate · 17/10/2017 09:03

When was probate granted? What are the solicitors for the disappointed relatives saying their grounds for challenge are?

IHopeYourCakeIsShit · 17/10/2017 09:52

Probate was granted ages ago, I can't quite remember but at least 9 months?
Grounds were initially testamentary capacity/undue influence, but recently there have been accusations of fraudulent something or other which I'm damned if I can remember Confused

OP posts:
birdladyfromhomealone · 17/10/2017 22:30

my Step sister tried this. she knew she wouldnt win but knew we would spend thousands on legal fees so for her that was winning.

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