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Huge dispute ... walk away?

33 replies

Willadvice2021 · 02/04/2021 09:40

Ok, so some of you mar have read my post of the situation with Adam, Ben and Craig.

To try and be brief A&B are brothers, C is a cousin. B had been no contact for years before his fathers death. Previously assaulted his mother before her death. B share of the estate was decreased to accommodate C who had been very hands on with the father. Father had wanted to write B out but A&C thought he might challenge that and asked to keep him in on that basis.

Father was poorly and old, had numerous carers, nurses, friends and extended family around up until his death. GP, nurses, family, friends etc can all account to his sane state as well as the situation with B, there are at least 30 people will to state that in writing.

B is claiming his Dad wasn't of sound mind and he wants his full share of 50% of the estate. He is now claiming A is bias in his role was executor and therefore responsible got his own costs and needs removed. He had previously applied for caveat which B stopped.

Should A just step down and walk away and then what happens? A is pretty poor, they have spent thousands on legal advice thus far which B is saying he can't claim back from the estate. It's weeks between communication from As solicitor. C had pretty much kept out of it. A previously had to give up work to care for his dad and this is breaking him financially and emotionally. B is wealthy and could easily use up the small estate (total estate 120k) just for spite.

OP posts:
Gingernaut · 05/04/2021 13:50

As A is the executor, the letters are going to come to him.

He can pass them on to the solicitor who must be instructed not to engage and to be firm.

No entertaining B's harassment, letters to go straight to the solicitor, the estate is going to be distributed according to the will and if B has compelling evidence, then he can stump up for a court case.

B was not financially dependent, A and B's father was of sound mind, the will is valid and A&B's father thought less of B as he was a violent man who assaulted his own mother, A&B's wife and estranged a significant portion of his family.

Bring it, or back off.

Willadvice2021 · 05/04/2021 17:03

Thanks, that's really helps. A is seeking out the people who said they were happy to write letters of fathers mental state. One person backed out and he's now spiralling that everyone else will. I said it doesn't really matter, the GP records records he was of sound mind. GP said he was happy to put it in writing too, which they will chase up this week. Is it up to B to prove or A to prove the mental state?

Do both of you work in this area of law? Are either of you wanting a new client?

OP posts:
Gingernaut · 05/04/2021 17:08

It's B's challenge, therefore B has to prove his case.

Nope - not a lawyer, but have helped others fill in forms and dealt with three family probates myself.

Willadvice2021 · 05/04/2021 17:35

@Gingernaut

It's B's challenge, therefore B has to prove his case.

Nope - not a lawyer, but have helped others fill in forms and dealt with three family probates myself.

Thanks so much. I totally get it, I'm pretty up on SEN law and even consumer law, but know nothing about this area of law and feel like I'm the sounding body for A, because they know I've been involved in some legal battles and supported others, but they don't seem to get I don't get this. Really helps to have others that understand.

I get B should have the right to challenge but seems so unfair at this point that he's allowed to do this after his actions of the past.

OP posts:
NaughtyNell · 05/04/2021 17:46

There's no a chance in hell that I would give up and let B get away with it. Tell him he needs to go through a proper Solicitor. Sounds like a bully. Hopefully he will lose the case and get his come uppance

Gingernaut · 05/04/2021 22:03

B could be one of those twats that are happy to deplete the estate - if he can't get what he wants, then no one benefits.

Any decent solicitor would have put him straight by now.

Willadvice2021 · 06/04/2021 11:19

I very much feel he is one of those twats that will try and deplete the estate, although, while they are wealthy, they aren't super wealthy. He earns 60-70k I think, she earns 20k their house still has a mortgage and the house isn't worth tons, more than the estate but less than 200k. They spent on holidays etc. So there must be a limit to how much they will be prepared to lose in this.

Spoke to A earlier, he's now more determined to not back down out of principle. He is prepared to give all evidence over as his solicitor says to, I said he should make them get it as it's will increase their legal costs but he's not that sort of guy.

OP posts:
Gingernaut · 06/04/2021 12:55

Go on A!

You can do it!

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