late fathers estate, step brother involved

[adamk]

Re: late fathers estate, step brother involved

spoke to another couple. one doesnt think i have enough debt to get money from the estate, great im careful with money and that works against me. the other said they would take it on on a no win no fee with no cost to me at all appart from a sucess fee of 50% of what im awarded. gees.

[adamk]

Re: late fathers estate, step brother involved

is there no way I can potentially get a settlement out of him without involving solicitors, though getting him to go through with any agreement might be futile. why has the legal system in the UK got to US style levels? also she said about 80% of cases don't goto court. this seems a lot of money for a few letters to me.

[des8]

Re: late fathers estate, step brother involved

I think you were warned that contentious litigation was expensive!

A CFA agreement (no win no fee), but a fee of half the award if successful isn't, IMO, unreasonable in view of the odds.

You could act on your own behalf without solicitors, but if you lose you could face paying the other sides' costs

[adamk]

Re: late fathers estate, step brother involved

I dont know. i can see my Dads estate being sucked dry by both sides solicitors at this rate.would it be worth sending a letter to SB stating i intend to challenge the will?

[des8]

Re: late fathers estate, step brother involved

You could try, but you know how your SB is likely to react better than us

[adamk]

Re: late fathers estate, step brother involved

the caveat i logged has now been warned by the step brother. is there any potential costs involved in letting him get probate and walking away?

[des8]

Re: late fathers estate, step brother involved

If you want the caveat to remain in place you have to enter an" appearance." within 8 days
This is a form stating briefly why you believe the will is not valid.
If you do not enter an appearance your caveat will be removed
To remove your "appearance" you and your SB will have to come to an agreement.
If this is not possible, your SB will then have to commence court proceedings if he wishes to remove your caveat.
It is at this point costs start becoming an issue.

[adamk]

Re: late fathers estate, step brother involved

on the point of the monies, which I have now spent, whats the upshot of this? do I wait for them to contact me?

[adamk]

Re: late fathers estate, step brother involved

the caveat i logged has now been warned by the step brother. is there any potential costs involved in letting him get probate and walking away?

I was more worried as to if he could after getting probate try and claim off me for delaying him.

p.s. I managed to get another of my Dads signatures and it does look different. the trouble is as always proving it.

[des8]

Re: late fathers estate, step brother involved

If you do not contest the warning, probate will be grantedand there should be no claim against you.

Be rather a rum do if he tried to claim damages for delay seeing that he didn't bother about probate for several years!!!!!!!

[adamk]

Re: late fathers estate, step brother involved

what about the bank and insurance?

panic mode engaged.

[des8]

Re: late fathers estate, step brother involved

Don't spend it in case they ask for its return!

I haven't gone back through your thread (it's a bit long).
Did the bank & insurance company claw money back from your SB?
Weren't they ordered to pay you after a complaint to the ombudsman?
If they didn't claw back from your SB they may never know he now has probate.
If they do find out, they (and you) may have a defence in that your SB by his dilatoriness brought any loss on himself.

[adamk]

Re: late fathers estate, step brother involved

unfortunately we spent the money.

I'm not sure if the bank has tried retrieving the money from my SB. I don't have that inside knowledge.

I know the insurance said they were trying to contact the claimant, and at the time I gave them his new address as they seemed to be trying to find him at his old address. then they said they weren't investigating anything and just paid me out.

yes I did have the ombudsman involved with the bank, as the bank said it was upto me to retrieve the money from SB, this was when we thought there was no will. then a couple of weeks before the ombudsman got the bank to pay out he pops up with a will, which I didn't know if it was real and hadn't been probated. he then didn't send it for probate for about 4 months.

what should I do now? contact both bank and insurance company about him applying for probate or wait for them to contact me?

if I don't contact them could I be charged with fraud.

[des8]

Re: late fathers estate, step brother involved

I would let sleeping dogs lie!!

You did nothing wrong. you used the correct channels.
No chance of a fraud charge .... sleep easy.

The bank and insurance company would probably have difficulty successfully reclaiming the money (although doubtlessly they will try), as your position has changed.
At its most basic that means you thought the cash was yours and you have spent it, and you cannot retrieve it.

[adamk]

Re: late fathers estate, step brother involved

Even though I didn't inform them of him sending me a copy of a will?