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Inheritance Act Claim

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  • Inheritance Act Claim

    Hi all,

    I inherited a property from my late grandfather which me and my family are currently living in.

    We currently have a solicitor who has been helping us deal with an inheritance act claim made against me from my mother. He has informed us that the deadline for service of the Claim Form is fast approaching so need to act quickly.

    My problem is we have no more money to continue to fund the solicitor and have come to the conclusion that our only option is to try and make the claimant an offer.

    The only money available is in the property, am I allowed to see if I can get a loan/mortgage against the property to make such an offer ?

    Thanks

    Tags: None

  • #2
    Hi
    This thread is a continuation of the thread started last December

    In the first thread you didn't answer the question about the date of probate.

    You stated the deadline for the claim under the Inheritance Act is fast approaching. I take it probate was obtained nearly 6 months ago?

    As executors the claim will be against you and your brother. What did your brother inherit?

    You will not be able to take out a mortgage on the house until it is officially transferred to you. Has your name as sole owner been added to the deeds. If not why hasn't it been done.

    Settling any claim prior to court action should avoid expensive legal costs which can quickly mount up in an Inheritance Act claim

    You should try to discover how much your mother intends to claim and then find out what could be an amicable settlement figure. Then see if you can take out a mortgage to cover the sum and meet repayments

    Comment


    • #3
      Hi,

      Probate was granted in June 2023 and a letter of claim was put in just before December to cover the 6 months deadline.

      My brother was left some jewellery.

      I had a copy of the land registry form sent to me by the solicitor in February but this was sent back because my name was spelt incorrectly (fault on the land registry side)

      This is also an issue as we have no idea on what she actually wants.

      Thank you for replying

      Comment


      • #4
        The answer to the question in post 1 is "yes".
        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
          If I cannot do the above, have no funds to fund a solicitor or to mediate what happens next would we be took to court?

          What would the costs be looking at with going to court without any legal support ?

          Thank you

          Comment


          • #6
            Yes, court would be a likely next step for a claimant who wishes to pursue a claim. But you do not need to have legal representation in mediation.

            If you represent yourselves, your legal cost would be minimal. Bear in mind, however, the risk that you may be ordered to pay the other party's legal costs should you lose the case.
            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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