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Inheritance property claim

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  • Inheritance property claim

    Hi, I'm new here but could do with some help please...

    Our father died intestate many years ago. Modest estate but large family with a number of beneficiaries (all adult siblngs). The youngest adult sibling made a claim for further provision for right to continue to live in our fathers property (main asset).

    Unfortunately whilst a number of the siblings sympathised with his condition and claim some siblings did not. After a very costly and complicated process the majority of the family finally agreed on a family consent order. The agreement was for me to buy out the other siblings and the property to be retained in my name and a life interest in the property to be given to the youngest sibling.

    However, one sibling who had been the continuously antagonistic party throughout would not sign. Unfortunately due to that, the whole matter went to trial adding further costs. The court ruled for further provision and in favour of the consent order anyway. It was a comprehensive order and prevented any future claims for occurring etc etc etc. The antagonistic sibling didn't attend the trial and was served with further costs for causing the trial. The order was sealed and filed.

    This was about 2 years ago.

    Suddenly, I have now received a notice of application via the High Court from the antagonistic sibling. They have made an application in person to the high court without a legal representative involved. They are now asking to be put onto the deeds of the property, given access to the property and a room to live in the property as compensation from me?

    There are lots of other irrelevant references that make little to no sense whatsoever both legally or common sense wise. He is now claiming his share/entitlement has been discriminated against. It's all rather leftfield to be honest.

    I suspect that the share he received has been nulled by all the costs he has accumulated and he's been wrangling over costs with the various parties involved for the past 2 years. In other words he's probably now left with nothing after costs.

    To be quite honest I'm not sure where to start on how to defend this claim on what is now my property?

    The consent order that was sealed 2 years ago was pretty comprehensive and filed at the high court. From what I can see and what was understood the order prevents this type of claim or future claims from occurring.

    Can anyone help please ?
    Tags: None

  • #2
    Re: Inheritance property claim

    Did you eventually buy out your siblings?

    If he has actually filed in the High Court, you would be wise to consult a solicitor. In light of the previous order, I would have thought that getting his application thrown out should be relatively simple.

    Frankly, he sounds like a nutcase, so you may have to resolve this for good. You might care to consider bankrupting him.

    Comment


    • #3
      Re: Inheritance property claim

      Hi, thanks for your reply.

      Yes the siblings were paid in full as per the terms of the order 2 years ago. The title deeds took some time to go through but they were transferred just over a year ago.

      The order prevents any future claims against the estate or cross claims amongst siblings hereto etc and other than their monies the siblings not to receive any further entitlement from the estate

      The consent order itself is permanently annexed to the estate so the high court would already have access to it.

      Frankly it is all so leftfield. I spoke briefly to a solicitor today who thought it worryingly bizarre. Which is why it is all a bit concerning as to what defence to file? It has been filed at the High court and a hearing has been listed.
      Last edited by krypton; 21st January 2014, 00:23:AM.

      Comment


      • #4
        Re: Inheritance property claim

        You must defend. Failure to do so could lead to a situation in which he lies and the court, in the absence of any contrary information, grants his request, even though you know it to be ridiculous. The court knows nothing unless you tell it. The court will not trawl its records just to see if there was, or was not, a previous order relating to this property.

        I note that he is a litigant in person. Be aware that this will tell against you, as the courts do try to give the ordinary Joe a fair crack of the whip. He may get a degree of leeway that would not be given to a legal professional.

        Instruct your solicitor to act immediately. You might find that once he receives a stiff letter informing him that it will be defended and that you will seek costs (with a view to bankrupting and finally trashing him), that he may withdraw.

        Comment


        • #5
          Re: Inheritance property claim

          :faint:........you aren't by any chance related to me? msl:......We ( 5 siblings) had the mother of all battles against the 6th sibling over our parents house.
          Do exactly what enquirer suggests,,our battle was complicated in many ways and I don't want to muddy the waters on your thread but whatever you do,,DO NOT IGNORE THIS,,,many a fight has been lost because folks miss a vital piece of evidence

          Good Luck

          Comment


          • #6
            Re: Inheritance property claim

            Hi, thanks for your replies.

            No, have no intention of ignoring it and will of course fully defend it. I only just received it yesterday.

            Have spoken to Home Insurance who provide legal cover and with a solicitor there. They are sending out a claim form. Normally they don't cover defences but on outrageous claims they consider it. It would be a burden off my back if they do.

            The solicitor on the phone said this was quite simply an outrageous claim, had little/no legal basis, flys in the face of a court order and had he gone to a professional advisor in the first place he would have been ill advised to bring the claim.

            I imagine he has approached many advisors and none have entertained him and so has then made an application in person. It's also noted on the application he asked for an order to be made without a hearing. However, a 1.5hr application notice hearing has been listed.

            Some advice on the best defence would be good though? Struggling to think of what else to say in defence?

            Right now we can't think of anything stronger than the court order that already exists over the estate and property. It seems to cover pretty much everything including a claim such as his would not be allowable.

            Is it a good idea to simply provide a copy of the sealed court order and just re-iterate each of the paragraphs as the defence? The existing order seems to cover all his points anyway. I can't help but feel but when dealing with someone like this the less said the better. Be short, sharp, pertinent and to the point. Otherwise, given what he has written already he's probably likely to continue to procrastinate over irrelevance to try drag it out in an attempt to try make it sound meaningful.

            Help and guidance appreciated

            Thanks
            Last edited by krypton; 21st January 2014, 10:59:AM.

            Comment


            • #7
              Re: Inheritance property claim

              Originally posted by krypton View Post
              Have spoken to Home Insurance who provide legal cover and with a solicitor there. They are sending out a claim form. Normally they don't cover defences but on outrageous claims they consider it.
              Good thinking.

              The solicitor on the phone said this was quite simply an outrageous claim, had little/no legal basis, flys in the face of a court order and had he gone to a professional advisor in the first place he would have been ill advised to bring the claim.
              Absolutely - any respectable solicitor would have told him he was talking rubbish.

              It's also noted on the application he asked for an order to be made without a hearing.
              Nasty, very nasty.

              Some advice on the best defence would be good though? Struggling to think of what else to say in defence? Right now we can't think of anything stronger than the court order that already exists over the estate and property. It seems to cover pretty much everything including a claim such as his would not be allowable. Is it a good idea to simply provide a copy of the sealed court order and just re-iterate each of the paragraphs as the defence? The existing order seems to cover all his points anyway.
              Your solicitor will advise you, but that's probably about it. Don't forget to hit him with costs (even if he withdraws beforehand, you could still pursue him with a claim for costs).

              I can't help but feel but when dealing with someone like this the less said the better. Be short, sharp, pertinent and to the point. Otherwise, given what he has written already he's probably likely to continue to procrastinate over irrelevance to try drag it out in an attempt to try make it sound meaningful.
              Yes.

              Comment


              • #8
                Re: Inheritance property claim

                Thanks for your reply and support.

                Spoke briefly to another solicitor on the phone today who has asked to see the court documents. His feeling was strong case to have this application thrown out as no legal basis for a claim exists and perhaps to ask for a vexation order as well.

                Will hear back from him tomorrow.

                Costs are an issue so hopefully will see where we get to with that as well.

                Originally posted by enquirer View Post
                Absolutely - any respectable solicitor would have told him he was talking rubbish.
                This one is interesting. He was in actual fact represented by a solicitor throughout. However at the time when the consent was being drawn, the solicitor then suddenly no longer wished to represent him, nor at the trial afterwards. This was seen as very strange behaviour at the time.

                It was also discovered the barrister they were using throughout had been arrested by police in the high court. He was a particularly and unnecessarily aggressive man outside court proceedings.

                Of the 4 solicitors involved in the case I would say 2 were very good. There were continuous noises/raised eyebrows by those two that his solicitor and the administrators behaviour were more than 'questionable'.

                In the end what was a modest estate and a relatively straightforward matter was made to look hugely complex.
                Last edited by krypton; 21st January 2014, 21:04:PM.

                Comment


                • #9
                  Re: Inheritance property claim

                  Hi Krypton

                  Agree with all of the above. I wonder if it would be worth, in addition, reporting the solicitor(s) and the barrister who ramped it all up to the Law Society and the Bar Council respectively?
                  “Find a place inside where there's joy, and the joy will burn out the pain.” Joseph Campbell

                  Comment


                  • #10
                    Re: Inheritance property claim

                    Hi Miss FM,

                    Well yes, I would say his solicitor and barrister were a double act that ramped it all up. The barrister was arrested by police for physical assault in the high court. That speaks volumes as to his style.

                    What was more alarming was the administrator fanned the flames at every attempt, even expressed disappointment and surprise at the consent and court order. The administrator was also reluctant to release the property following the order.

                    It was painfully obvious they were in cahoots.

                    The other two solicitors did their level best to keep things on the straight and narrow. I remember a number of letters having to remind the administrator of his basic duties. They did say in private that they felt the administrator was probably playing an antagonistic role behind the scenes.

                    The sibling in question has raised an application, which I have to suspect (perhaps my kinder nature) all things considered has been brought upon by the culmination of some extremely misguided, behind the scenes self interested advice.

                    That remains troublesome.

                    However, right now the fact is, irrespective of all else, we are trying to deal with this application which is worrying in itself.
                    Last edited by krypton; 21st January 2014, 21:07:PM.

                    Comment


                    • #11
                      Re: Inheritance property claim

                      Indeed.

                      I wish you luck - FWIW I think the court will see it your way.

                      Perhaps your litigious relation might be deflected onto suing his legal advisors (a serious suggestion). From what you have said, he can have no claim on you whatsoever.
                      “Find a place inside where there's joy, and the joy will burn out the pain.” Joseph Campbell

                      Comment


                      • #12
                        Re: Inheritance property claim

                        Thanks and I certainly hope so.

                        If he had any sense then I guess he should, but then if he had any sense he shouldn't have taken on board bad advice....I remain under no illusions, nasty is as nasty does.

                        Comment


                        • #13
                          Re: Inheritance property claim

                          People with that mindset do just keep on changing advisors until they find one that will agree with them - qv a whacko - it's more common than one might think. Eventually they get hit so hard in the pocket they see the light
                          “Find a place inside where there's joy, and the joy will burn out the pain.” Joseph Campbell

                          Comment


                          • #14
                            Re: Inheritance property claim

                            It is another topic but it's those 'whacko's' that I feel bring the profession into disrepute. When you are engaged with someone at that level then unfortunately the lowest common denominator becomes the overriding level.

                            Comment


                            • #15
                              Re: Inheritance property claim

                              Yup. If you could find a way to redirect his energies....:crazy:

                              If you follow Enquirer's advice you won't go wrong. This is, as you say slightly off-beam - however I personally am never sorry to see bent members of the legal profession get theirs:thumb:
                              “Find a place inside where there's joy, and the joy will burn out the pain.” Joseph Campbell

                              Comment

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