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l'm posting as "Hocking" a tribute to a hero of my youth! l will be asking for help in resolving a "Jarndyce versus Jarndyce" inheritance dispute in which l have lost a 100% valid inheritance of approximately £390,000 due entirely to lawyers l'm afraid.
This began with the death of the testator in November 2008 and l was sole beneficiary, but estranged members of our family mounted vexatious High Court challenges trying to extort at least a share of the estate. ln this they were led by a family member who is a barrister who claims tobe a probate specialist. The testator was estranged fromhis family and made very strong instructions in his will that they should not benefit in any way from his estate.
Three High Court Hearings were held between May 2011 and July 2012, the family losing badly in each, having interim costs awarded against them.
Complicating the issue, the testator worked in Paris for two major lnternational companies and had a girlfriend in Belgium spending weekends and holidays there with her & latterly renovating a small farm house and barn she had recently purchased. The family disputed his will on two counts :
1) The will itself was invalid as it was variously "a sham", obtained by duress, "procured" etc etc
2) That as the testator (unmarried) was resident in Belgium at the time of his death, Belgian lnheritance Law should apply ie his immediate family automatically inherit his family.
Despite losing a High Court Domicile Hearing in July 2011 the family persisted and challenged the Will in Ghent District Court but lost again and l was awarded costs.
Probate was finally granted in October 2012 and the Executor's Solicitors negotiated with the family for costs - they had run up £320,000 against the Estate. However instead of applying for 100% Exemplary costs, the Executors solicitors only claimed £240,000 despite the highly vexatious (and at times ludicrous) challenges made by the family despite their Barrister leader claiming to be a Probate expert. The Exec's solicitor's immediately took the balance from the estate
Administration of the Estate was dragged out by the Execs solicitors who claimed difficulty in effecting a simple bank transfer of the testator's Paris banka/c of around 45,000 euros, despite definitive tax exemption certificates being issued by the French Tax Authorities ie the a/c was not liable to French domestic taxation. This was November 2013.
From October 2012 onwards till the end of 2014 no progress was made in finalising the Estate with the Executor's solicitors being obstructive - generally not replying to requests for information and giving very little when they did. My solicitor commented it seemed they had no intention of completing the estate and the only way to achieve anything was to apply for a Completion order in the High Court and in November 2014 he commenced proceedings.
The Executor and his solicitors were hostile and made no attempt to expidite the situation, apparently relishing confrontation as it meant more in costs for them.
A preliminary hearing was held in March 2015 when the Exec's litigation solicitor explained to the hearing Judge that the family had raised objections to some of the Executors witness statement in the July 2011 Domicile Hearing:
lt transpired the Executor in his sworn statement that the testator had no possessions in Belgium, only a small amount of money in a Belgian bank. This was wholly untrue, perjury in fact:
The testator had a great deal of property in Belgium at the time of his death,at least 14 classic and modern motorcycles, several Mercedes "Unimogs",2 Land Rovers,at least 10 legally held and licenced firearms and shot guns and over 3.000 rounds of ammunition(!) a very large quantity of automotive tools,some heavy duty and all very high quality. These possessions wre so numerous they were divided between 2 barns - one belonging to the girlfriend and a second belonging to her family in a nearby village.
The Executor believed he had inherited the classic motorcycles, misinterpreting a non binding "letter of wishes" as a binding codicil. The letter of wishes indicated the Executor might have the motorcycles along with some gifts to others but it was entirely optional and at my dicretion.
Believing the motorcycles were his he made numerous trips to Belgium to bring the motorcycles and some of the tools back to the UK over several months commencing December 2008.My then solicitor commented in March 2009 that "a child of six could see it wasn't a codicil" and advised me to take a position that l should consider the letter of wishes only when l had my inheritance. This l did and the Executor took exception, expecting me to make a binding promise of the motorcycles then and there (March 2009.) l refused and this was the start of hostile relations with the executor which continue to this day.
Somehow the family had got wind of the Belgian assets in March 2014 and had been challenging the Executor's solicitors for a year - the latter apparently using tactics of threats and evasion, refusing to respond directly to the accusations of perjury. My solicitor had been told nothing of this in the previous year
At the the doors of the March 2015 Hearing the Execs solicitor handed mine a heavily redacted copy of the latest letter from the Familiy's solicitor repeating their true accusations. The Family threatened to seek Recission of the Domicile Hearing Verdict and the matter became referred to as "Recission" rather than more correctly Perjury.
Although sympathetic to my cause, the Judge had had too little time allocated and the matters were referred to another Hearing in July 2015. The second Hearing Judge was unsympathetic to my solicitor and effectively ordered both sides to go away and resolve matters between themselves. The Executor had a Barrister representing him, paid for out of the Estate, l could only afford my solicitor.
At an acrimonious "Resolution" meeting at the Executor's Solicitors in October 2015 l had to concede everything costs wise, having completely run out of funds. Consequently the house l had inherited was sold at a knock down price by the Execs solicitors to pay themselves. They have taken approx £300,000 in costs from the Estate, a "nice little earner", all that was left from the financial side of the estate was £29,000 which my solicitor took in deferred fees.
My MP wrote to the Senior Partner of the opposition solicitors asking for an explanation of the delays and specificly - had the Executor committed perjury and if so ws this on advisement from his litigation solicitor. These latter were ignored but as of March 2016 the Senior Partner and his Complaints Partner were fully aware of the Perjury/Recission situation
The Executor has consistently refused to sell the Estate assets brought back from Belgium (which he and his solicitors claim "were never there" or more accurately have refused to comment on.) This despite repeated demands from my solicitor that he do so as his fiducary duties require him. The first demand was made in November 2014, followed by others at intervals. These have been consistently ignored by his solicitors. ln September 2016 we received an offensive letter in which the Executor attempted to self deal himself the assets.
From the outset the Executor has refused to communicate directly & used his solicitors as agents. Thus his malpractice rearding the assets has obviously condoned and assisted by his solicitors. The Exec used a friend who is a small time auctioneer to value the assets for probate and since then has refused to allow any access for independent audit, valuation or sale of the assets. Bonhams have offered but via his solicitors the Exec refuses to allow this.
My solicitor wrote a strong reply to the September self dealing attempt, refusing to allow this and pointing out the mal practice. He also required the Exec to produce audited accounts for his expenses, particularly those relating to Belgium. This letter was ignored as was a repeat letter in February 2017 and since then there has been no word from them. the executor still has possession of the assets - misappropriation? Theft?
My solicitor ceased to represent me in May last year as l have no more funds available. He refused to make a complaint on my behalf to the SRA regarding the mal practice of the Exec's solicitorson, being concerned that they might take action against him.
For a year now l have been suffered illness as a result of strain and anxiety.
l have paid out £65,000 approx in legal costs to try to protect my legitimate inheritance and am in debt for £25,000 for contributary loans.
l have inherited £0 after 9 years plus.
l have written this entirely from memory and there may be a few discrepancies in chronology but everything else is accurate and backed by correspondence.
As l mentioned initially, most of the Estate has been consumed by lawyers - an initial false challenge by a Barrister, the costs of my two solicitors, and the self serving of the executor's solicitor's financial rape, totally inoring their moral obligations as Officers of the Court.
l'm hoping to receive some advice and help here in preparing a complaint to the SRA rearding the executors solicitors, a very large and wealthy firm. My health permitting.
"Ain't Life Grand?"
This began with the death of the testator in November 2008 and l was sole beneficiary, but estranged members of our family mounted vexatious High Court challenges trying to extort at least a share of the estate. ln this they were led by a family member who is a barrister who claims tobe a probate specialist. The testator was estranged fromhis family and made very strong instructions in his will that they should not benefit in any way from his estate.
Three High Court Hearings were held between May 2011 and July 2012, the family losing badly in each, having interim costs awarded against them.
Complicating the issue, the testator worked in Paris for two major lnternational companies and had a girlfriend in Belgium spending weekends and holidays there with her & latterly renovating a small farm house and barn she had recently purchased. The family disputed his will on two counts :
1) The will itself was invalid as it was variously "a sham", obtained by duress, "procured" etc etc
2) That as the testator (unmarried) was resident in Belgium at the time of his death, Belgian lnheritance Law should apply ie his immediate family automatically inherit his family.
Despite losing a High Court Domicile Hearing in July 2011 the family persisted and challenged the Will in Ghent District Court but lost again and l was awarded costs.
Probate was finally granted in October 2012 and the Executor's Solicitors negotiated with the family for costs - they had run up £320,000 against the Estate. However instead of applying for 100% Exemplary costs, the Executors solicitors only claimed £240,000 despite the highly vexatious (and at times ludicrous) challenges made by the family despite their Barrister leader claiming to be a Probate expert. The Exec's solicitor's immediately took the balance from the estate
Administration of the Estate was dragged out by the Execs solicitors who claimed difficulty in effecting a simple bank transfer of the testator's Paris banka/c of around 45,000 euros, despite definitive tax exemption certificates being issued by the French Tax Authorities ie the a/c was not liable to French domestic taxation. This was November 2013.
From October 2012 onwards till the end of 2014 no progress was made in finalising the Estate with the Executor's solicitors being obstructive - generally not replying to requests for information and giving very little when they did. My solicitor commented it seemed they had no intention of completing the estate and the only way to achieve anything was to apply for a Completion order in the High Court and in November 2014 he commenced proceedings.
The Executor and his solicitors were hostile and made no attempt to expidite the situation, apparently relishing confrontation as it meant more in costs for them.
A preliminary hearing was held in March 2015 when the Exec's litigation solicitor explained to the hearing Judge that the family had raised objections to some of the Executors witness statement in the July 2011 Domicile Hearing:
lt transpired the Executor in his sworn statement that the testator had no possessions in Belgium, only a small amount of money in a Belgian bank. This was wholly untrue, perjury in fact:
The testator had a great deal of property in Belgium at the time of his death,at least 14 classic and modern motorcycles, several Mercedes "Unimogs",2 Land Rovers,at least 10 legally held and licenced firearms and shot guns and over 3.000 rounds of ammunition(!) a very large quantity of automotive tools,some heavy duty and all very high quality. These possessions wre so numerous they were divided between 2 barns - one belonging to the girlfriend and a second belonging to her family in a nearby village.
The Executor believed he had inherited the classic motorcycles, misinterpreting a non binding "letter of wishes" as a binding codicil. The letter of wishes indicated the Executor might have the motorcycles along with some gifts to others but it was entirely optional and at my dicretion.
Believing the motorcycles were his he made numerous trips to Belgium to bring the motorcycles and some of the tools back to the UK over several months commencing December 2008.My then solicitor commented in March 2009 that "a child of six could see it wasn't a codicil" and advised me to take a position that l should consider the letter of wishes only when l had my inheritance. This l did and the Executor took exception, expecting me to make a binding promise of the motorcycles then and there (March 2009.) l refused and this was the start of hostile relations with the executor which continue to this day.
Somehow the family had got wind of the Belgian assets in March 2014 and had been challenging the Executor's solicitors for a year - the latter apparently using tactics of threats and evasion, refusing to respond directly to the accusations of perjury. My solicitor had been told nothing of this in the previous year
At the the doors of the March 2015 Hearing the Execs solicitor handed mine a heavily redacted copy of the latest letter from the Familiy's solicitor repeating their true accusations. The Family threatened to seek Recission of the Domicile Hearing Verdict and the matter became referred to as "Recission" rather than more correctly Perjury.
Although sympathetic to my cause, the Judge had had too little time allocated and the matters were referred to another Hearing in July 2015. The second Hearing Judge was unsympathetic to my solicitor and effectively ordered both sides to go away and resolve matters between themselves. The Executor had a Barrister representing him, paid for out of the Estate, l could only afford my solicitor.
At an acrimonious "Resolution" meeting at the Executor's Solicitors in October 2015 l had to concede everything costs wise, having completely run out of funds. Consequently the house l had inherited was sold at a knock down price by the Execs solicitors to pay themselves. They have taken approx £300,000 in costs from the Estate, a "nice little earner", all that was left from the financial side of the estate was £29,000 which my solicitor took in deferred fees.
My MP wrote to the Senior Partner of the opposition solicitors asking for an explanation of the delays and specificly - had the Executor committed perjury and if so ws this on advisement from his litigation solicitor. These latter were ignored but as of March 2016 the Senior Partner and his Complaints Partner were fully aware of the Perjury/Recission situation
The Executor has consistently refused to sell the Estate assets brought back from Belgium (which he and his solicitors claim "were never there" or more accurately have refused to comment on.) This despite repeated demands from my solicitor that he do so as his fiducary duties require him. The first demand was made in November 2014, followed by others at intervals. These have been consistently ignored by his solicitors. ln September 2016 we received an offensive letter in which the Executor attempted to self deal himself the assets.
From the outset the Executor has refused to communicate directly & used his solicitors as agents. Thus his malpractice rearding the assets has obviously condoned and assisted by his solicitors. The Exec used a friend who is a small time auctioneer to value the assets for probate and since then has refused to allow any access for independent audit, valuation or sale of the assets. Bonhams have offered but via his solicitors the Exec refuses to allow this.
My solicitor wrote a strong reply to the September self dealing attempt, refusing to allow this and pointing out the mal practice. He also required the Exec to produce audited accounts for his expenses, particularly those relating to Belgium. This letter was ignored as was a repeat letter in February 2017 and since then there has been no word from them. the executor still has possession of the assets - misappropriation? Theft?
My solicitor ceased to represent me in May last year as l have no more funds available. He refused to make a complaint on my behalf to the SRA regarding the mal practice of the Exec's solicitorson, being concerned that they might take action against him.
For a year now l have been suffered illness as a result of strain and anxiety.
l have paid out £65,000 approx in legal costs to try to protect my legitimate inheritance and am in debt for £25,000 for contributary loans.
l have inherited £0 after 9 years plus.
l have written this entirely from memory and there may be a few discrepancies in chronology but everything else is accurate and backed by correspondence.
As l mentioned initially, most of the Estate has been consumed by lawyers - an initial false challenge by a Barrister, the costs of my two solicitors, and the self serving of the executor's solicitor's financial rape, totally inoring their moral obligations as Officers of the Court.
l'm hoping to receive some advice and help here in preparing a complaint to the SRA rearding the executors solicitors, a very large and wealthy firm. My health permitting.
"Ain't Life Grand?"
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