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Legal matters

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deceased mum paying costs for fled litigant

15 replies

Ollierushworth · 07/07/2025 13:51

Hi,

Following my mums recent passing, we have been given a pack of information as executors from her deputy. My sister and I were LPAs for her but agreed to a deputy to limit some (ha!) litigation.....

Short version - she was very poorly and after 3 years of Court of Protection we kept her safe and dignified in nursing care. Her 'partner' wanted her home, against all medical advice, as he would have to move out of her house when it was sold to pay for care. He had only appeared on the 'scene' when she was already deteriorating and was highly coercive.
He then fought, abusively, through 3 layers of appeals for permission to marry her when she had been assessed to not have capacity to do so by multiple professionals - again, he liked her house.
Mum was represented by a litigation friend, solicitor and barrister who all agreed with the medical advice, of which she was not aware and, two judges later, it was agreed she did not have capacity to marry and permission to appeal that would not be granted.

The one party in disagreement, her 'partner', was ordered to pay the costs of the vexatious litigation (about £17k) but flew to australia on the weekend he was told he would have to pay these costs.

Months later, mum has passed with her family around her, and we have found that theses costs are still outstanding. Salt in the wound is that, as this b@$tard has fled the country, our mums estate is being asked to pay his court ordered costs.....

Help!

OP posts:
Littlebitpsycho · 07/07/2025 14:01

I am not a lawyer but surely if the costs are court ordered to be his, your mums estate is not responsible?

CaptainFuture · 07/07/2025 14:07

If they had no legal connection, why would she pay? Is it a genuine letter, not a weird drafted by him thing?

prh47bridge · 07/07/2025 14:20

Am I correct in thinking that he was ordered to pay her legal costs but has not done so and her estate is now being asked to pay? If that is the case, I'm afraid her estate will have to pay. It may be possible to collect the money he owes even though he is in Australia, but there will be costs involved. You need to consider the possibility that he will simply move to another country if you try to recover the debt.

Tiredofwhataboutery · 07/07/2025 14:22

Are the costs of the vexatious litigation including the fees for barrister/ solicitor etc. I’d think you’d be liable for your own fees even if costs were awarded if unpaid but court costs should sit against him and will hopefully find him arrested should he return.

W0tnow · 07/07/2025 14:22

I think you’ll have to pay. Something like this happened to my dad. Lawyers need to be paid.

beetr00 · 07/07/2025 14:26

IF the value of the estate is liable for IHT, you can reduce the IHT liability by taking into account the amount of the debt owed to the estate.

check here

this may also be useful @Ollierushworth

Spotthering · 07/07/2025 14:32

Legal costs do still need to paid unfortunately, and as it’s a debt, it needs to be paid from the estate.

I’m sorry you’re having to deal with all this. Sounds very stressful.

Ollierushworth · 07/07/2025 14:53

Thanks for your replies. It is stressful, on top of losing mum and years of this person attcaking us all....

The estate is well below IHT threshold, so no claim back there.

We've got a separate invoice addressed to mum for her legal costs, and zero objection to settling those as the process kept her safe.

But his additional litigation cost is a separate invoice, addressed to him.I might sound daft, but i just don't 'get' why it reverts to mums estate as he just ran away?????

OP posts:
Iamnotalemming · 07/07/2025 14:58

Who is the invoice from? His solicitors or someone else?

Ponderingwindow · 07/07/2025 15:05

I think the nuance here is that he was ordered to reimburse your mother (or her estate) for her legal costs. The original contract for legal services is with your mother (or her estate) and that doesn’t change.

so the estate pays and then he pays the estate.

this means once the estate pays the bills, you can still pursue him for reimbursement. His court ordered debt isn’t going away.

but you are going to need real legal advice on this one.

beetr00 · 07/07/2025 17:08

The debt is still owed to your Mum's estate @Ollierushworth

As @Ponderingwindow stated, definitely contact an estate law solicitor

prh47bridge · 07/07/2025 19:54

Ollierushworth · 07/07/2025 14:53

Thanks for your replies. It is stressful, on top of losing mum and years of this person attcaking us all....

The estate is well below IHT threshold, so no claim back there.

We've got a separate invoice addressed to mum for her legal costs, and zero objection to settling those as the process kept her safe.

But his additional litigation cost is a separate invoice, addressed to him.I might sound daft, but i just don't 'get' why it reverts to mums estate as he just ran away?????

Your mother's estate is not liable for his legal costs. The fact he ran away does not give his lawyers any right to claim from your mother. You need to speak to whoever sent the invoice and find out what they believe is the situation.

Tiredofwhataboutery · 08/07/2025 21:36

Ollierushworth · 07/07/2025 14:53

Thanks for your replies. It is stressful, on top of losing mum and years of this person attcaking us all....

The estate is well below IHT threshold, so no claim back there.

We've got a separate invoice addressed to mum for her legal costs, and zero objection to settling those as the process kept her safe.

But his additional litigation cost is a separate invoice, addressed to him.I might sound daft, but i just don't 'get' why it reverts to mums estate as he just ran away?????

Possibly thst is the address they have on record for him? I’d contact whoever sent it and explain that as far as you know he’s in Australia.

FairKoala · 02/09/2025 23:20

Ollierushworth · 07/07/2025 14:53

Thanks for your replies. It is stressful, on top of losing mum and years of this person attcaking us all....

The estate is well below IHT threshold, so no claim back there.

We've got a separate invoice addressed to mum for her legal costs, and zero objection to settling those as the process kept her safe.

But his additional litigation cost is a separate invoice, addressed to him.I might sound daft, but i just don't 'get' why it reverts to mums estate as he just ran away?????

But the letter was addressed to him, Why did you open it instead of writing on the envelope not known at this address and sticking it back in the post.

If the bill isn’t in your mothers name why do you think you have to pay it

Nearly50omg · 02/09/2025 23:53

Australia is still the commonwealth and they have reciprocal agreements so I’d contact the Australian police and get a warrant out for his arrest for non payment of court costs

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