late fathers estate, step brother involved

[adamk]

Re: late fathers estate, step brother involved

We spent most of the money at the beginning of this month ironically. Also this was while I was still investigating the potential forgery route by blocking him with the caveat. Now he's warned me off I'm giving up as it would be to costly to peruse this course of action. But could the bank look at my bank? Cause it looks a bit iffy timing wise.

Anyway on the matter of the house being in my name. Once he has probate, should I write to him telling him to change the name? I don't want him trying to sell it then crying cause it falls through. I did tell him the property is in my name, when we were trying to get him out. So he does know.

[Openlaw15]

Re: late fathers estate, step brother involved

We spent most of the money at the beginning of this month ironically. Also this was while I was still investigating the potential forgery route by blocking him with the caveat. Now he's warned me off I'm giving up as it would be to costly to peruse this course of action. But could the bank look at my bank? Cause it looks a bit iffy timing wise.

Anyway on the matter of the house being in my name. Once he has probate, should I write to him telling him to change the name? I don't want him trying to sell it then crying cause it falls through. I did tell him the property is in my name, when we were trying to get him out. So he does know.

Hello Adam

This thread is very long so I just skim-read. I noted there was a will so can you pursue forgery? How is the property in your name, are you named on the property's deeds, is this property registered land?

[des8]

Re: late fathers estate, step brother involved

If he follows through properly with probate he'll find out soon enough that the house is now in your name.

As I just mentioned in the PM, he has brought all this on himself by not declaring the existence of the will, and not dealing with the estate properly.
You went through all the proper channels, even involving the ombudsman.

I personally think you are doing the correct thing by not disputing the warning, as you would fin it difficult to prove forgery, and itwill become extremely stressful and expensive.

[adamk]

Re: late fathers estate, step brother involved

things can only get better.

well had an email from the local council asking me to pay the overdue council tax on my Dads place. seems SB hasn't been paying it, they said the house was empty. ive filled them in with the facts.

just wonder if this has any effect on him gaining probate?

[Kati]

Re: late fathers estate, step brother involved

:bump:ing [MENTION=39710]des8[/MENTION] xx

[des8]

Re: late fathers estate, step brother involved

After you lodged your caveat, you were sent a "warning"?
Following that did you enter an "appearance"?

If you didn't, I wonder why SB hasn't yet tried to obtain probate for the will, and overturn the grant you had.

Non payment of council tax won't affect the granting of probate.
The property is registered in your name, and as apparently is empty (ie SB has vacated property and is not just away on holiday!) you would be responsible for any council tax that might be payable

[adamk]

Re: late fathers estate, step brother involved

After you lodged your caveat, you were sent a "warning"?
Following that did you enter an "appearance"?

If you didn't, I wonder why SB hasn't yet tried to obtain probate for the will, and overturn the grant you had.

Non payment of council tax won't affect the granting of probate.
The property is registered in your name, and as apparently is empty (ie SB has vacated property and is not just away on holiday!) you would be responsible for any council tax that might be payable

hello Des,

been a few months now. I don't understand I didn't lodge an appearance as I couldn't afford to get legal representation and dig myself in deep with this guy.

hes been living there the whole time, but doesn't answer the front door, curtains closed etc. anyway they've previously sent enforcement officers round which hes hidden from also.

I did wonder if hes done this as ive sent him ownership proof, or in fact hes done this since he moved in back in 2012. after all the council wouldn't have chased my Dad as hed passed away.

[des8]

Re: late fathers estate, step brother involved

Probably wise not to have entered an appearance, as that may give rise to a liability for legal costs.
Have you checked if SB has obtained a grant of probate: https://www.gov.uk/wills-probate-inh...robate-records

[charitynjw]

Re: late fathers estate, step brother involved

Hi

Subbing with interest.

Would this deadlock be an ideal reason for offering ADR? (Could it help re the costs problem?)

http://www.lawskills.co.uk/articles/...ce-tax-claims/

[des8]

Re: late fathers estate, step brother involved

Haven't read back, but seem to recall a lot of the problems came because SB is reclusive and doesn't respond to any approaches.
very much doubt he would cooperate in mediation.

SB seems content to just sit in the house, not obtain probate for the will in his possession (is it a forgery?) and basically do nothing.
It is difficult to fathom what SB is trying to do or avoid as OP obtained grant of representation, changed house register to his own name and recovered monies paid by bank & insurance companies to SB.
Why isn't SB contesting all of this if he has a genuine will as he claims?

[charitynjw]

Re: late fathers estate, step brother involved

Haven't read back, but seem to recall a lot of the problems came because SB is reclusive and doesn't respond to any approaches.
very much doubt he would cooperate in mediation.

SB seems content to just sit in the house, not obtain probate for the will in his possession (is it a forgery?) and basically do nothing.
It is difficult to fathom what SB is trying to do or avoid as OP obtained grant of representation, changed house register to his own name and recovered monies paid by bank & insurance companies to SB.
Why isn't SB contesting all of this if he has a genuine will as he claims?

From the link (above), this would seem to be viewed by the Probate Court as being unreasonable behaviour & would have a knock-on effect re costs if it should go to court.

[adamk]

Re: late fathers estate, step brother involved

Hi

Subbing with interest.

Would this deadlock be an ideal reason for offering ADR? (Could it help re the costs problem?)

http://www.lawskills.co.uk/articles/...ce-tax-claims/

hmm, interesting. haven't read all of it yet, though I'm not sure how if at all I could bring about some sort of estate sharing deal that 1) he would agree too 2) would actually follow through with.

- - - Updated - - -

Haven't read back, but seem to recall a lot of the problems came because SB is reclusive and doesn't respond to any approaches.
very much doubt he would cooperate in mediation.

SB seems content to just sit in the house, not obtain probate for the will in his possession (is it a forgery?) and basically do nothing.
It is difficult to fathom what SB is trying to do or avoid as OP obtained grant of representation, changed house register to his own name and recovered monies paid by bank & insurance companies to SB.
Why isn't SB contesting all of this if he has a genuine will as he claims?

the will could well be a forgery, but again I don't have the money to challenge it. ive just checked and it still has my original grant date listed with out any will listed, so I don't think hes obtained a grant.

[des8]

Re: late fathers estate, step brother involved

So you are back where you were a year ago.
Do you intend to apply for a possession order with a view to evicting your SB from the house registered in your name?
He hasn't followed through with his threat to obtain a grant of probate for the will he claims to have.
Perhaps it is just a bluff.

[adamk]

Re: late fathers estate, step brother involved

ive had correspondence from the probate office, to the effect that hes sent them the will. so I cant understand how he could then suddenly back track on getting probate. he even warned off my caveat, albeit after about 3-4 months.

[charitynjw]

Re: late fathers estate, step brother involved

hmm, interesting. haven't read all of it yet, though I'm not sure how if at all I could bring about some sort of estate sharing deal that 1) he would agree too 2) would actually follow through with..

Or maybe he would refuse point-blank? :tinysmile_twink_t2: