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Inheritance property claim

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  • #16
    Re: Inheritance property claim

    Thanks for all your replies, it would be kind though if we can keep on topic.

    We are thinking along the lines of informing the high court of the county court case number and the judgement at trial and providing the sealed court order enforced. Re-iterate the paragraphs briefly. There's not too much else to add really.

    One area we are cautious about is that he may now say he did not attend the actual trial? Which was over 2.5 years ago.

    We are beginning to suspect now that this may actually be part of a long term ploy to try de-rail the order and somehow re-open the whole case by claiming he never attended?

    He was represented by a solicitor (who actually jointly represented some of them together) throughout, until the trial.

    This sibling however did not attend the trial. It was obvious he was being antagonistic. The trial and judgement went ahead and judgement included further applications for costs orders to be made allowable specifically against him.

    It does remain suspicious as to why a solicitor would represent him all the way and then discharge (?) him and suddenly come off the record prior to a trial. Only for that sibling to come back later as he is now doing to make this claim.

    Does he have any validity to now make such a claim 2.5 years after ?
    Last edited by krypton; 22nd January 2014, 09:42:AM.

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    • #17
      Re: Inheritance property claim

      I think you may be worrying too much if it was tied up tight legally it must be difficult to change things your solicitor should advise on the possibility of you losing?

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      • #18
        Re: Inheritance property claim

        Thanks for the reassurance.

        Still waiting to hear back further from the solicitor and insurance. Yes it is worrying because we are talking about the property and it is causing unnecessary headache.

        This sibling is very leftfield and there is no telling what he will and can do. His claim is to be entered on the title deeds and allowed a room to live in the house. The same house with a life interest given to the disabled claimant he so vehemently opposed.

        When you are in situation like this it does become extremely worrying as to his thoughts/mindset.

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        • #19
          Re: Inheritance property claim

          Still waiting to hear back from insurance but initial response from solicitor has been there is no legal basis for this application to proceed and should be firmly opposed.

          Strong case of summary judgement and application to be struck out.

          Being a litigant in person and the fact that recovery of costs is questionable means that there is risk that costs may not be recoverable irrespective of award against him.

          In the meantime been told and have written direct to court as the application is incorrect.

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          • #20
            Re: Inheritance property claim

            Originally posted by krypton View Post
            It does remain suspicious as to why a solicitor would represent him all the way and then discharge (?) him and suddenly come off the record prior to a trial.
            The solicitor probably realised that he wasn't going to get paid.

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            • #21
              Re: Inheritance property claim

              Originally posted by enquirer View Post
              The solicitor probably realised that he wasn't going to get paid.
              I personally think he deliberately tried to make as much a mess of it as professionally possible and then distance himself in the meantime. He actually charged the estate full wack and then some as well as riddled everything in knots to make assessment of costs meaningless.

              The fact is straightforward cases make them little money but with contentious litigation they mint it. I have to say it is worrying how this solicitor acted behind the scenes. It was blatantly obvious how he was fanning the flames.

              Intestacy is a genuinely complex area of law and many people who have lost loved ones are emotionally at their lowest ebb. You would hope that a solicitor would be there to provide a genuine service. In reality some of them are only interested in your money. If anyone has the misfortune to experience such a situation, it really is bad.

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              • #22
                Re: Inheritance property claim

                Originally posted by enquirer View Post
                The solicitor probably realised that he wasn't going to get paid.
                So have spoken and written to court to try clear up some issues surrounding the application. When I followed up with the court today, learnt that this solicitor (who no longer acts for the claimant) had written in to the court?

                The court would not inform what he has written.

                This whole thing is becoming extremely suspicious now. Why would he do that ? Why would he write to court on a case he's not involved in. How has he even found out about it?

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                • #23
                  Re: Inheritance property claim

                  In the first instance, it might be something as simple as confirming that he no longer acts for the applicant.

                  You might write to the Court, expressing your concern over this communication, and whilst doing so, point out that should this have any bearing whatsoever on the case, it should be available for scrutiny.

                  Create a paper trail.

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                  • #24
                    Re: Inheritance property claim

                    Firstly, the Insurance has finally confirmed we are covered against this type of claim and have now offered us their own preferred firm of solicitors in order to act on our behalf.

                    Alternatively we can appoint our own solicitors if we wish as long as that solicitor accepts the insurance company's terms.

                    Which would you suggest is the better appointment to make?

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                    • #25
                      Re: Inheritance property claim

                      Originally posted by krypton View Post
                      Firstly, the Insurance has finally confirmed we are covered against this type of claim and have now offered us their own preferred firm of solicitors in order to act on our behalf.

                      Alternatively we can appoint our own solicitors if we wish as long as that solicitor accepts the insurance company's terms.

                      Which would you suggest is the better appointment to make?
                      If you have a trusted firm of solicitors that you have previously used and who are experienced in this area then use them, otherwise check out the nominated solicitors firm. It would be quicker and less hassle presumably to go with the insurers choice.
                      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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                      • #26
                        Re: Inheritance property claim

                        Originally posted by Amethyst View Post
                        If you have a trusted firm of solicitors that you have previously used and who are experienced in this area then use them, otherwise check out the nominated solicitors firm. It would be quicker and less hassle presumably to go with the insurers choice.
                        The solicitor we used previously is a small local practice. To be honest although they were nice we found they began to struggle with this area of law and the case. In the end we weren't convinced they had the in depth appropriate legal expertise.

                        The thing is they have all the files and history of the case.

                        The insurers solicitors seem to have national coverage and appear quite big.

                        We could approach another local firm and we are ok to go with the insurers choice as long as there are no obvious pitfalls for us further down the line? Is it better to go with theirs ?

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                        • #27
                          Re: Inheritance property claim

                          I really don't know I'm sorry, though it sounds as though your current solicitor is out of his depth and you'd be looking for a new solicitor anyway.

                          There's a new Wills and Inheritance accreditation and code of practice through the Law Society so it might be worth seeing if your selected solicitors appear on there. http://www.lawsociety.org.uk/for-the...s-inheritance/ and check their record with the law society and the SRA

                          Can you tell us the firm that the Insurers have recommended to you ?
                          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                          Comment


                          • #28
                            Re: Inheritance property claim

                            Yes, although they dealt with wills & probate. They did struggle at times with the deeper understanding of the law of intestacy required in this case. There was also staff turnover which did not help with continuity.

                            We understand the case in hand now is more orientated on civil litigation and on the fringe of the original intestacy.

                            I have pm'd you the insurers firm.

                            Comment

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