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Inheritance Act claim. Defendents delaying signing mediation agreement.

3 replies

inheritanceshiteagain · 22/09/2022 20:11

At mediation an agreement was made to have a house in trust for the claimant. However the defendents are repeatedly altering the agreement and adding amendments.

In the most recent agreement the claimant has given in to all their demands such as paying all the fees on the substitute house even though they will own 50%.

Their legal fees are being paid for them.

The Claimant has been told by a mutual friend they are deliberately delaying because they want him to run out of money. So far it has cost him £35K

The defendents caved in at mediation and agreed to a trust being set up. However they were adamant the Will should stand initially.

If they continue these delaying tactics where does it go from here?

If it goes to court the law is on the side of the claimant, especially as the defendents accepted this at mediation. So they could lose heavily and end up with his costs, but thats not a given.

We can't bring all the mediation delays into court as mediation can't be referred to, to show unreasonable behaviour.

My anxiety (claimant is a relative) is they will force the claimant into setting a court date, engaging a barrister and for the solicitors to prepare a case (all cripplingly expensive) and then at the last minute accept the agreement as it stands today, leaving him with a huge debt.

Is this a possible scenario?
We are waiting on the return of the agreement and will of course ask the solicitor the above questions if they refuse to sign again.

OP posts:
inheritanceshiteagain · 22/09/2022 20:21

Or could he just say, no its going to court as I have paid all these upfront costs? I know courts don't look kindly on litigants who refuse to settle out of court. And his hands are tied in showing they were unreasonable re mediation.

OP posts:
Princessglittery · 24/09/2022 09:27

The only thing I can suggest is a final solicitors letter asking them to sign by x date or the claimant will proceed to court. The dependents will be liable for all expenses incurred after x date and this will be pursued via all legal avenues.

inheritanceshiteagain · 24/09/2022 10:28

Princessglittery · 24/09/2022 09:27

The only thing I can suggest is a final solicitors letter asking them to sign by x date or the claimant will proceed to court. The dependents will be liable for all expenses incurred after x date and this will be pursued via all legal avenues.

Hopefully this would work and concentrate their minds. The thought of all the fees for preparing for court, is very daunting.

OP posts:
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