Beneficiaries to Deceased Estate get Nothing???

[barnsydog]

I am a Bona Fide Beneficiary to my Mothers Estate along with my Brother and a Step Brother, She died intestate, My Step Brother applied to the High Court through a Solicitor to become Administrator. My Mothers Estate consisted of £35k in cash and a 50% share of a 200k property, Gold jewellery and a Vehicle etc. The Solicitor at first held all the Valuables. Once made Administrator (using a fake address) Our Brother sacked the solicitor, The solicitor had no option but to release all the valuables to him.

The Administrator after receiving the Valuables and cash then re employed the same solicitor again to protect him ,, The Solicitor refuses to answer any questions or supply any statements of accounts.

The other 50% owner of the property has agreed to sell, the property, it was marketed and sold stc, the sale was then deliberately stopped by the administrators solicitor by the registering of false searches. We believe that once the Estate is finalised the obvious questions will have to be answered...."Where is the money from the Estate ?"....... The Administrator may then face criminal charges ? but he is being protected by his Solicitor.

We have made attempt to bring him to Court but without legal representation we had no chance, Any Solicitor we approach wants £10k up front to help. Any Idea's?

[righty]

Re: Beneficiaries to Deceased Estate get Nothing???

If you can wait until tomorrow I'll speak with a Private Client Solicitor I know well who's expert in these things & get back to you

[barnsydog]

Re: Beneficiaries to Deceased Estate get Nothing???

Many thanks .

[righty]

Re: Beneficiaries to Deceased Estate get Nothing???

It would appear that the stepson may have lied on oath as he must have failed to mention the natural sons, who would have 1st shout. You should therefore be able to get the oath set aside. In addition the solicitor by releasing the jewellery acted in bad faith/unlawfully & is open to sanction AND being sued by you. I would also suggest as a priority that you report his conduct to the SRA asap at the same time writing to the solicitor a letter confirming your intention to report him and unless he resolves the matter to you & the other beneficiaries satisfaction you will seek legal advice as to how to proceed with litigation

[barnsydog]

Re: Beneficiaries to Deceased Estate get Nothing???

The Step son is my stepson he is her natural son. Also Im told that once an administrator has been chosen and swore in he can quite legally dispence with any Solicitor that was involved with the estate. If he does this the Solicitor has to hand over all the valuables. Obviously the stepson had evil intentions right from the start as he valued a vehicle at rock bottom price and then awarded it to himself without consulting the other beneficiaries. Then he re- instructed the same solicitor to defend him, he did not return the valuables, The solicitor was questioned aout this and he said He had no reason to believe that the administrator did not still have them. This solicitor is one crooked dude but very clever, every time we have tried to bring him to book he has our claim kicked out for not complying to cpr rules. Im sure we could win if we can get our story heard, but we just cannot get him into court, after 5 attempts we ended up having to pay £58000 in costs, We originaly took them to court for failure to insure, The property was derelict after I was released from prison full of squatters. The solicitor ran up the costs then when we finally got to court he produced insurance having failed to answer any questions on it before. Luckily after finding out it was insured we lodged a claim with the insurance company and they settled all the costs. Im still stuck paying a mortgage on a house im not allowed to live in or sell. Its complicated to say the least

[righty]

Re: Beneficiaries to Deceased Estate get Nothing???

I suggest you need to see a Private Client Solicitor who specializes in contentious Wills AND who's not afraid to sue another solicitor

[barnsydog]

Re: Beneficiaries to Deceased Estate get Nothing???

I suggest you need to see a Private Client Solicitor who specializes in contentious Wills AND who's not afraid to sue another solicitor

The other solicitor would love that, he's an expert on cpr rules and would string it out for all its worth, his client has nothing to gain because he's already stolen more than his share of his Mothers Estate he would love the house to be lost in costs.

[righty]

Re: Beneficiaries to Deceased Estate get Nothing???

The other solicitor would love that, he's an expert on cpr rules and would string it out for all its worth, his client has nothing to gain because he's already stolen more than his share of his Mothers Estate he would love the house to be lost in costs.

What makes you think any solicitor you engaged wouldn't also be conversant with CPR. Any solicitor you engage would simply offer mediation & if the other side refused there would probably be a costs penalty for them. Also in recent judgments the higher courts are not best pleased with any lawyer who tries using the CPR to the detriment of their opponents

[barnsydog]

Re: Beneficiaries to Deceased Estate get Nothing???

What makes you think any solicitor you engaged wouldn't also be conversant with CPR. Any solicitor you engage would simply offer mediation & if the other side refused there would probably be a costs penalty for them. Also in recent judgments the higher courts are not best pleased with any lawyer who tries using the CPR to the detriment of their opponents

This guy is a solicitor and I used a Barrister against him and he wiped the floor with him, Frankly I already lost before a judge who awarded £58,000 costs against me and Im not prepared to get into a litigation fight with him again.

Now if you think I should have lost because I was wrong then why did the Insurance company foot the entire bill?

[wales01man]

Re: Beneficiaries to Deceased Estate get Nothing???

Did you or the insurance lose 58k just because you lose once does not mean you cannot fight again if you believe you are in the right.
You will have to decide if this is worth pursuing

[barnsydog]

Re: Beneficiaries to Deceased Estate get Nothing???

This went before Master Bowles in the Royal Court of Justice who saw through everything this solicitor was doing, He Ordered NO MORE AMBUSHES, NO MORE SOLICITORS JARGON, EVERYTHING WRITTEN BY HIM BE A PLAIN UNDERSTANDABLE ENGLISH THAT A LAYMAN CAN UNDERSTAND. He also Ordered it all to be heard in Romford Court at the same time. Romford Court lost all the papers it went ahead with only half what a high court judge had Ordered and I STILL LOST. I asked the County Court Judge if he was over Ruling a High Court Judge and he said yes that's exactly what he was doing

[barnsydog]

Re: Beneficiaries to Deceased Estate get Nothing???

This Solicitor I think is a mason or something he does exactly what he pleases and ignores judges and gets away with it

[barnsydog]

Re: Beneficiaries to Deceased Estate get Nothing???

I complained to Romford Court and they ignored me and when I phoned even using different named they cut me off when it became apparent who I was.

[barnsydog]

Re: Beneficiaries to Deceased Estate get Nothing???

I have seen first hand what this guy is capable of and Im not going to risk losing my House to prove a point

[barnsydog]

Re: Beneficiaries to Deceased Estate get Nothing???

I was 1 hour from Bankrupcy when the Insurance Company stepped in