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8 months of waiting for claim from sibling - how do we move things forward

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  • 8 months of waiting for claim from sibling - how do we move things forward

    Evening - Briefly both parents died within 5 months of each other.- I am one of 4 siblings - I am number 4.
    Mum died 2nd in early 2022 and in the 5 months after Dad died she rewrote her will, she disagreed entirely with his split between the 4 siblings - he had split it (no 1 - 49%) (no 2 - 49%) (no 3 - 1%) (no 4 - 1%) and had it rewritten to be a straight 25% each sibling.
    Once Mum had died number 2 sibling was not happy about this at all and went to a solicitor who issued us with emails stating that they would be arguing the validity of the will.
    They are claiming Mum was not mentally able to make a will (she had it independently witnessed by a nurse who has known her for years) and also coercion by sibling No 1 who arranged the new will to be written - this in itself laughable as no1 loses a substantial amount by having the new will written.

    In June 2022 we instructed a solicitor to assist us in hopefully resolving this in a timely and cost effective manner as our sibling was just not able to have a rational conversation with.
    Since June we have spent 9k on letters going back and forward to our sibling and they have even changed to a new solicitor and yet we still have not received an official claim of what they are seeking.

    Our solicitor is saying we just have to wait and we have no right to give a time demand - that we could make an offer or if we are not happy go to court which would cost us 10k to get there and then 150k once in court.

    We dont feel we are being dillusional in feeling we have a good case but also just need this to make progress - this standstill is doing nobody any good.

    Any suggestions ??

    apologies for the no1 no2 etc - all very cloak and dagger just keeping it anonymous !!



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  • #2
    Who are named as executors of your mother's will? Has probate been applied for?

    Shouldn't someone be getting on with dealing with your mother's estate rather than wait for something that may not happen?
    Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      Who are named as executors of your mother's will? Has probate been applied for?

      Shouldn't someone be getting on with dealing with your mother's estate rather than wait for something that may not happen?
      Evening
      There are 2 executors - sibling #1 and the husband sibling #2 - probate has not been applied for -
      My opinion was always that the will should have been submitted and if there were to be any challenges they would happen but was outvoted in favour of hoping our sibling would back down - this hasnt happened so now we are in limbo and we have been told that we are unable to demand a timescale for their letter of claim.

      Comment


      • #4
        GOOD evening.

        Have your lawyers discussed the possibility of issuing a 'citation' to the named executors to take out a grant of Probate?
        Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Originally posted by HAPPYHELSTON View Post

          Evening
          There are 2 executors - sibling #1 and the husband sibling #2 - probate has not been applied for -
          My opinion was always that the will should have been submitted and if there were to be any challenges they would happen but was outvoted in favour of hoping our sibling would back down - this hasnt happened so now we are in limbo and we have been told that we are unable to demand a timescale for their letter of claim.
          Afternoon
          No mention of any 'citation' - we just seem to be waiting for the sibling no2 to issue the letter of claim with no limit to how much time we are giving them which seems ridiculous - she could take forever

          Comment


          • #6
            A citation is a means of telling this possible claimant to "put up or shut up". There are ways that you can bring this to a head, if that is what you want. Your solicitor should be able to advise you.
            Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              I am so sorry that I didnt respond to your kind reply - here we are months later and no further forward except for the obvious huge solicitor bills.

              We received a claim letter from sibling #2 - we offered mediation, it was refused. We received a percentage they want which was 65% which was not ever going to be acceptable. We have now been asked to attend mediation.

              We are reluctant to attend mediation costing us 16k if it just doesnt get us anywhere but are now in limbo of what to do.

              The anniversary to Mums death will be February 2024. If we do nothing would the will just sit gathering dust forever along with the inheritance which we hate seeing being eaten away through one siblings opinion they were worth more than the other 3.

              My Mum put a no contest clause in the will - she sensed this would be an issue with sibling #2 - the money we inherited spent on solicitors fees is just so wasteful, Mum and Dad would have been horrified.

              Thank you in advance

              Comment


              • #8
                If your mother sensed there would be an issue with sibling #2 why did she appoint sibling #2's husband as executor? He is probably the executor refusing to make the probate application. Such a pity she didn't mention this to the solicitor drafting the will as the solicitor would probably have advised her against having him as an executor

                Comment


                • #9
                  Originally posted by HAPPYHELSTON View Post
                  I am so sorry that I didnt respond to your kind reply - here we are months later and no further forward except for the obvious huge solicitor bills.

                  We received a claim letter from sibling #2 - we offered mediation, it was refused. We received a percentage they want which was 65% which was not ever going to be acceptable. We have now been asked to attend mediation.

                  We are reluctant to attend mediation costing us 16k if it just doesnt get us anywhere but are now in limbo of what to do.

                  The anniversary to Mums death will be February 2024. If we do nothing would the will just sit gathering dust forever along with the inheritance which we hate seeing being eaten away through one siblings opinion they were worth more than the other 3.

                  My Mum put a no contest clause in the will - she sensed this would be an issue with sibling #2 - the money we inherited spent on solicitors fees is just so wasteful, Mum and Dad would have been horrified.

                  Thank you in advance
                  Sadly Mum had a better view of him than perhaps was warranted. He has not applied for probate on the June 2021 of my father -

                  Comment


                  • #10
                    I suggest that you read earlier replies to this thread again.
                    Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

                    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                    Comment

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