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Original poster

Inheritance Act Claim. Other side just ignoring solicitors letter.

49 replies

DaisyandSimeon · 31/10/2021 18:36

Just that. They have been given 21 days to respond, but 6 weeks on and nothing. Our solicitor has emailed and will email again next week. Does our solicitor just go for a court date or attempt to get them to mediate.

OP posts:
nitsandwormsdodger · 01/11/2021 15:17

Take your solicitor advice
No details here for me to judge

Original poster
DaisyandSimeon · 01/11/2021 21:20

@nitsandwormsdodger

Take your solicitor advice No details here for me to judge
We are obviously going to take the solicitors advice. I just wondered what is likely to happen if the other side continue to ignore our solicitors letters? Presumably their solicitor would have said they are no longer acting for them if they had refused to engage with them?

I don't understand your comment on there being no details for you to judge? Its just a general question on what is likely to happen if our solicitor hears nothing back.

OP posts:
StCharlotte · 03/11/2021 08:46

Who's claiming what fro

StCharlotte · 03/11/2021 08:46

Sorry...

Who's claiming what from whom?

SeasonFinale · 03/11/2021 09:13

Without details of whatbthe potential claim is noone is in a position to say what will happen next.

If the claim is totally spurious the other side will ignore and the claimant's solicitor may say well it was worth a try to see if they would make an offer but then advise the claim is likely to be unsuccessful and therefore the claimant would be at risk in costs. Or they may say it is a totally valid claim and we should issue. Without details noone can say what is likely to happen.

Original poster
DaisyandSimeon · 03/11/2021 14:15

The claim is a very valid and strong claim under the Inheritance Act according to our solicitor, certainly not spurious. We are bringing the claim against an unfair will that leaves a spouse homeless. The opposition are fighting the claim based on financial need but they have no need, and have failed to produce any financial statement to back this up. I think this is why they are ignoring the claim, because they know they do not have a needs based defence (we know their financial situation) because they have nothing to back it up. Hence no show from their solicitor. If they fail to reply will our solicitor ask them to mediate formally, or just issue court proceedings.

OP posts:
MichelleScarn · 03/11/2021 14:20

Is the potentially homeless spouse the spouse of the deceased and a child from an earlier marriage has been left the property? If the house belonged to someone who has willed it to another and not the spouse, is that not a very deliberate act therefore couldn't be contested?

MichelleScarn · 03/11/2021 14:22

When you say 'We are bringing the claim against an unfair will that leaves a spouse homeless.'
Are you also bringing the claim or just supporting someone?

Alpinechalet · 03/11/2021 14:22

Your solicitor will advise, personally I would issue court proceedings and issue an offer to mediate at the same time. It will take time to get to court so you can give them the option to mediate in the interim. The longer you delay in issuing court proceedings the longer it will take to resolve. They are more likely to compromise as the court date approaches.

Original poster
DaisyandSimeon · 03/11/2021 18:47

@Alpinechalet

Your solicitor will advise, personally I would issue court proceedings and issue an offer to mediate at the same time. It will take time to get to court so you can give them the option to mediate in the interim. The longer you delay in issuing court proceedings the longer it will take to resolve. They are more likely to compromise as the court date approaches.
Thats interesting to know and it makes sense to do the two actions at the same time. Our solicitor has made a Part 36 without predudice Offer already, but they are just ignoring it. Obviously we want to mediate and settle the matter, but if they force the issue the solicitor says they will ask for costs from the other side. I'm sure they will see sense and it can all be settled amicably. Maybe not amicably, but at least resolved! Thank you
OP posts:
Original poster
DaisyandSimeon · 03/11/2021 18:49

@MichelleScarn

Is the potentially homeless spouse the spouse of the deceased and a child from an earlier marriage has been left the property? If the house belonged to someone who has willed it to another and not the spouse, is that not a very deliberate act therefore couldn't be contested?
You need to look at the Inheritance Act 1975.
OP posts:
Tokyotammy · 03/11/2021 18:57

We went through something similar. Just be careful because whilst your solicitor will tell you that you have a strong case, they cannot predict how a court will rule. The solicitor has an interest in retaining your business to contest a will, these sorts of cases are notoriously expensive and lucrative for law firms.

Also costs can be awarded against the estate so you may end up chewing into the pot you are fighting over.

Just be careful about being too confident you'll get all your costs back again and dig in for the long haul. They can ignore you, go to court and also then appeal any decision, so it could be a very long process. You will also be racking up legal costs whilst all this is happening.

Original poster
DaisyandSimeon · 03/11/2021 20:36

@Tokyotammy Yes, its a really difficult situation to be in and we are aware that costs will continue to escalate and court is absolutely the last resort, but we are stuck on what the opposition do now. Fortunately my boss is prepared to finance the next stage (though not court) so we really hope mediation is the next step. The solicitor is offering no win no fee for that part, so they are fairly confident the actual law is on our side, and have said they will go for costs. Either way we have no choice but to take it to the very end if that is what is forced on us.

Fortunately the opposition are not in a good financial position to continue to fight needlessly, and we just hope they listen to their solicitor and come to the table. Anyone backing their case will presumably also have been given a clear idea of their weak case and seek to negotiate.

I've read about the inheritance act extensively and looked at some of the relevant case law, so I am fairly confident our solicitor isn't giving us false hope. I just hope the other solicitor is being realistic with their client. We did received a letter of response with a litany of lies, all of which we have refuted with evidence, and asked for evidence to support their claim, which is why we think they are delaying things because we know they probably won't be able to produce this evidence.
We have no choice in this unfortunately

OP posts:
Verite1 · 03/11/2021 20:53

If you have received a response then presumably they have replied to your pre action protocol letter by denying liability. You can’t force them to reply again and unless there have been some indications they want to settle, I would probably just issue the claim.

Tokyotammy · 03/11/2021 20:58

Forgive me for asking but is the estate large in value? If you take this to court and have to also fight an appeal, will there be sufficient in the estate to cover all those costs if they are not awarded and provide the financial benefits you are looking for? It may be that only a portion of the estate is award to your side and a portion to theirs.

Are they executors of the estate? Do you know if they are expensing the legal fees against the estate? The reason I ask this is that you can get insurance for the probation period that can be implemented in the event of a will being contested. It may be that the legal fees are being covered by an insurance policy so may not be as limited as you think.

Original poster
DaisyandSimeon · 03/11/2021 21:00

@Verite1

If you have received a response then presumably they have replied to your pre action protocol letter by denying liability. You can’t force them to reply again and unless there have been some indications they want to settle, I would probably just issue the claim.
Its an inheritance act claim, so not really an issue of liability. At least that's my understanding? It's contesting a will so no liability as such.
OP posts:
Original poster
DaisyandSimeon · 03/11/2021 21:01

They have responded with a needs based defence, yet are refusing to supply the evidence to support this. We have supplied all the evidence and met the threshold.

OP posts:
Original poster
DaisyandSimeon · 03/11/2021 21:10

@Tokyotammy
The estate is worth around £500K so not large at all. We have no choice but to fight for a lifetime trust in the marital home. Not asking for much more than that, so no one is being denied their inheritance, just delayed. I don't want to go into any further details, I'm afraid as it is still ongoing .

OP posts:
MichelleScarn · 04/11/2021 11:30

*MichelleScarn

Is the potentially homeless spouse the spouse of the deceased and a child from an earlier marriage has been left the property? If the house belonged to someone who has willed it to another and not the spouse, is that not a very deliberate act therefore couldn't be contested?

@DaisyandSimeonYou need to look at the Inheritance Act 1975.*

I looked at the legislation for where l am, which is the Succesion (Scotland) Act 2016

prh47bridge · 04/11/2021 12:16

I looked at the legislation for where l am, which is the Succesion (Scotland) Act 2016

The OP is in England. Under the Inheritance (Provision for Family and Dependents) Act 1974, a will can be challenged if it fails to make adequate provision for the deceased's spouse, civil partner, children or other dependents. Even though the deceased has deliberately chosen to leave the property to someone else, this will can be challenged as it appears the deceased has not made adequate provision for their spouse.

The normal practice of the courts when a spouse has been disinherited is to award them at least as much as they would have received if the marriage had ended in divorce.

eurochick · 04/11/2021 12:46

The OP has already mentioned the relevant Act. What is the point of citing the law in other jurisdictions? Perhaps someone could tell us how the courts of Azerbaijan might deal with this?Hmm

MichelleScarn · 04/11/2021 13:04

@eurochick

The OP has already mentioned the relevant Act. What is the point of citing the law in other jurisdictions? Perhaps someone could tell us how the courts of Azerbaijan might deal with this?Hmm
Hmm only mentioned due to snippy response.

Op only stated what act they were reading after I posted, but gosh go you with the 'witty' response.

eurochick · 04/11/2021 15:48

The Act is mentioned in the thread title...

Original poster
DaisyandSimeon · 04/11/2021 16:03

@eurochick

The OP has already mentioned the relevant Act. What is the point of citing the law in other jurisdictions? Perhaps someone could tell us how the courts of Azerbaijan might deal with this?Hmm
This made me smile 😂I don’t know anything about Scottish law but I would be surprised if a spouse can fail to make reasonable provision and make them homeless 🧐
OP posts:
SeasonFinale · 04/11/2021 16:45

if you are the second spouse perhaps it also may be reliant in what capacity the deceased person held the property and whether the property was in fact paid for by the other parent of the deceased in this instance. Eg property paid for by father, father dies and leaves to mother, mother dies and leaves to children rather than 2nd husband.

How long was the claiming spouse married to the deceased.

They do not have to provide any evidence at this stage.