late fathers estate, step brother involved

[MissFM]

Re: late fathers estate, step brother involved

Have located your Law Forum thread and am digesting (http://www.thelawforum.co.uk/late-fa...other-involved) - it's really hard to think how to help.

One further last ditch avenue might be http://www.certainty.co.uk/find-a-will , just in case...

(She of the dodgy facemsl:- ta Des!)

[des8]

Re: late fathers estate, step brother involved

I couldn't possibly comment, Miss FM

[adamk]

Re: late fathers estate, step brother involved

what are my options now?

spoke to my Dads friend he cant understand why SB would say he was close. if anything it seems my Dad hated him. trouble is I don't know if the relationship deteriorated after his Mums death, in which case maybe he didn't get round to changing his will. I suppose I had very little contact with my Dad after he left, so maybe he just thought we were totally separate families.

what would be my chances if any if I was to challenge this will, as im next of kin. would a no win no fee solicitor take it on? I have many people who knew my Dad only to happy to help me.

one other question. does the will, as I read it, mean he was supposed to sell the property and receive the money from its sale? eg. not live in the property.

[des8]

Re: late fathers estate, step brother involved

Broadly speaking, the only real grounds for successfully contesting a will in England and Wales are:

• Demonstrating undue influence – showing that there was coercion, manipulation, deception or intimidation by another party to put pressure on the person making the will to influence its content to their advantage at the time the will was made.
• Proving a lack of testamentary capacity - demonstrating that the person making the will did not understand what they were doing at the time they made the will, no matter who actually drew it up.

On what grounds would you be able to contest the will?

If you have a good case you may just get a conditional fee arrangement (no win no fee), otherwise be aware that costs will mount rapidly, and even with conditional fee arrangements some costs will most likely come from the estate.

[adamk]

Re: late fathers estate, step brother involved

what would be the outcome if I lost such a no win no fee action? eg. could the SB claim his costs from me?

[adamk]

Re: late fathers estate, step brother involved

also if the will is valid. as I asked earlier should he have sold the property rather than live in it?

[des8]

Re: late fathers estate, step brother involved

what would be the outcome if I lost such a no win no fee action? eg. could the SB claim his costs from me?

Hopefully any solicitor you instructed would advise you purchase "after the event" legal expenses insurance cover against the risk of having to pay SB's legal costs

I note your other site is suggesting that Ilot v Mitson gives you grounds for hope. I personally wouldn't bank on that (although of course I do not know your personal circumstances) and suggest you read this article by Mrs Ilott's counsel: http://www.zenithchambers.co.uk/cms/..._AND_AFTER.pdf

[MissFM]

Re: late fathers estate, step brother involved

also if the will is valid. as I asked earlier should he have sold the property rather than live in it?

It looks as if your father believed the property would have to be sold to meet inheritance tax and funeral expenses etc..

I dont suppose there would be any problem with not selling the house provided the above were fulfilled but of course stand to be corrected.

[adamk]

Re: late fathers estate, step brother involved

re the tax angle.

if as posted earlier it would appear hes had £165k from Mum, bungalow worth £175-200k from my Dad, odds and sods totalling about £24k. I would have thought the HMRC would want to know?

of course could he be investigated on the evidence so far? especially the £53k in cash, as I doubt he paid it into his own account.

also whats the length of time he needs to wait before, as walesman put it, creditors will stop chasing him?

[adamk]

Re: late fathers estate, step brother involved

just checked his previous address and his name using that site. not a sausage. this is looking very weird.

[adamk]

Re: late fathers estate, step brother involved

i do wonder if it might be helpful to try and find his exwife. as i would suspect she may know what went on before and after my Dad died.

how can i find someone i only have a rough location for?

[des8]

Re: late fathers estate, step brother involved

HMC would want to know, but only for record purposes as threshold for paying IHT is £325,000.

If you want to trace someone just put their name into Google.It might just turn her up, otherwise use a tracing service or private detective. Again use Google if you don't know any.

It seems you are desperate to hang something on your SB, and I just wonder if you'd be better off accepting the will, no matter how galling.
You haven't suggested any reason for suspecting the copy will is forgery, or that your father was unduly pressured to make the dispositions he did.
There is IMO a very faint chance that Ilot v Mitson might help you, but you do need to speak to a specialist contentious solicitor. I doubt it is a case you could pursue yourself , even with help from your other advisers.
If you're not careful, this matter is going to dominate your life.

[adamk]

Re: late fathers estate, step brother involved

its just regardless of the 2 letters I posted that he has supposedly penned himself. I get the distinct impression, from other witnesses that im dealing with someone who is less than honest. remember his cars dubious background.

also without any prompting from me I have had several people comment things like, my Dad said he was a waster, I don't think he was your Dads first choice to end up in the bungalow, he didn't look after my Dad after his Mum died, though she asked him to.

the impression I get is that my Dad made the will under some pressure from his then wife to make them mirror wills, as I think his Mum probably thought her son was a blameless member of society just misunderstood, and when she died he broke off communications with my Dad, which may have soured what relationship if any they did have. trouble is he perhaps didn't think to change the will at the time, or made another one which has since been destroyed. hence the reluctance of the SB to do probate. as he might think there maybe another copy held elsewhere.

[des8]

Re: late fathers estate, step brother involved

I think I can understand your concerns, but you have no proof, only surmises and third party comments.
It s all "impression", "perhaps" "maybe".

It appears he signed the will in a Solicitor's office ...........that will make it more difficult to prove undue pressure. It seems the only witness may be SB's ex, IF you can trace her and IF she
supports your assumption and IF she is prepared to testify.

Perhaps your father made a mirror will out of love, affection and respect for his wife, and for the that reason named his SS as his second choice heir. And then out of continuing respect for his late wife, or because he had made a promise to her, he did not change that will. Doesn't mean your father would speak well of him.

Really I just don't want to raise false hopes. You have a mountain to climb, you could put in an awful lot of effort and then end up with nothing.

[adamk]

Re: late fathers estate, step brother involved

fair enough but surely the solicitor should have pointed out the pitfalls that could arise from leaving every last nut and bolt to a non blood relative, and even then as a third choice putting the SB's long term partner down. jees I didn't have a bad relationship with my Dad and we parted only because of the crazy step Mum, who on the last call I had from her threatened to kill me if I came between her and my Dad. she had a go at me for not inviting them to my wedding. well sorry but my Mum finds it upsetting to see her ex. I phoned my Dad a couple of days before the wedding to tell him so he didn't find out from someone else.