Court case LOST BY CLAIMANT,who has no assets.Can they take his parents house?

[ardvo]

If a claimant will be going to court, and has been challenged by the defendant in their defence,

and the worse case scenario the claimant loses the case, he will be liable to pay for the defendants costs too (admin costs, solicitor costs, additional witness costs etc)

But if the claimant doesn't work, or has no assets (no savings), no property, then what is likely to happen?

The claimant has No property, but if their 1 remaining parent (who is 1 remaining widow) has a house in their name, (as their spouse passed away)
but on the deceased parents Will, this claimant is named as an executor,


Note- they are listed as one executor of that will of their deceased parent, whose widow lives in that property alone.





The claimant also has 3 brothers all above 21 years old.

Now, on the claim form that the child has made
(the Particulars of claim) they add this statement:

This claim is being made:

• on behalf of the estate
  

• on behalf of the dependents

Estate = people included in the will, which are the parent, and the 4 sons (claimant and 3 brothers)


(and as I mentioned above, the claim form name is Only in that single claimant childs' name)


This child has no assets, no property, no money etc


The question (Is the widows property shielded ?)
Now lets say the worse case scenario the case gets lost by the claimant and as the defendant wins, they chase the costs incurred from the claimant

Now, if the amount of money to be recouped by the defendant (from the claimant) is large

Then does this legally mean that the defendant (after the defendant wins the case) can take this house (as the claimant has no assets), then can the defendant claim to take the house to recoup their costs?

Or the claimant is shielded from the defendant to take that parents property?
(ie,is the house safe?)

Note- they are listed as one executor of that will of their deceased parent, whose widow lives in that property alone.



The question (Behalf of estate Bold statement)
then could they chase the incurred costs from the widowed parent? or put a charge on the parents house property?

or can they equivalently legally get this incurred money from any of the other 3 brothers?

...on the basis that this following bold statement has been included in the claim form (Particulars of claim):



This claim is being made:

• on behalf of the estate
  

• on behalf of the dependents

------

Ie, Has adding that above bold statement in the claim form made the parent and/or remaining brothers legally liable to pay any of the dependents incurred costs, should the case be lost by the claimant ?


or they are safe, and the defendant cannot legally chase any incurred costs from the parent or brothers?


-This is quite a touching emotional situation and question so thank you for your assistance )

(Can we not get into the detail of the claim please, it is touching, and please advise on the 'taking away' of the property - from a legal point of view, is the house safe? Or it can be taken?

(I don't want to get into the details of the claim, due to it being a touching subject)
so thanks for your help, answers to this question will be appreciated.


and what specific area of law is this ? (eg Cost Liability law) ?.

[Amethyst]

Re: Court case LOST BY CLAIMANT,who has no assets.Can they take his parents house?

First thing, is the claim in fast or multitrack as opposed to small claims, or if in small claims is there a chance the claim could be deemed vexatious or an abuse of process?

(ie. first step is to check if costs would actually come into play at all)

In fast/multi then yes costs could be awarded against the claimant should he lose the case.

Is the claimant named as beneficiary when the widow passes ? Is the widow the claimant's mother ?

Or did the Father's will leave part of the property/estate to the claimant and it doesn't pass until the widow either moves out or dies ?

ie - does the claimant actually own the property at the moment or is he just expecting to own it/part of it in the future ?

@OpenLaw ( just tagging someone who might be able to help in more depth with the answers to the above questions)

[ardvo]

Re: Court case LOST BY CLAIMANT,who has no assets.Can they take his parents house?

Answers below in blue

First thing, is the claim in fast or multitrack as opposed to small claims, or if in small claims is there a chance the claim could be deemed vexatious or an abuse of process?

(ie. first step is to check if costs would actually come into play at all)

In fast/multi then yes costs could be awarded against the claimant should he lose the case.
Multitrack

Is the claimant named as beneficiary when the widow passes ? Is the widow the claimant's mother ?
The Widow is the claimants mother

Or did the Father's will leave part of the property/estate to the claimant and it doesn't pass until the widow either moves out or dies ?
I suppose the property which is only the widows right now, this property would be passed onto the claimant (her child) and her other children, (the claimants brothers)

ie - does the claimant actually own the property at the moment or is he just expecting to own it/part of it in the future ?
The claimant doesn't own the property (the widows mum owns it). The claimant doesn't own any property atal,

@OpenLaw ( just tagging someone who might be able to help in more depth with the answers to the above questions)

[Amethyst]

Re: Court case LOST BY CLAIMANT,who has no assets.Can they take his parents house?

In which case, no the claimant's mother's property is not at risk until she dies and it passes to the claimant.

Should the claimant lose in multitrack the costs could be extensive ( as you know ). If the claimant has any assets at all then he could be made bankrupt to recover some of the costs. Then if the Mother passes while in bankruptcy the property ( well his share of the property) could be at risk http://debtcamel.co.uk/inherit-money-bankrupt/

[Openlaw15]

Re: Court case LOST BY CLAIMANT,who has no assets.Can they take his parents house?

If a claimant will be going to court, and has been challenged by the defendant in their defence,

and the worse case scenario the claimant loses the case, he will be liable to pay for the defendants costs too (admin costs, solicitor costs, additional witness costs etc)

But if the claimant doesn't work, or has no assets (no savings), no property, then what is likely to happen?

The claimant has No property, but if their 1 remaining parent (who is 1 remaining widow) has a house in their name, (as their spouse passed away)
but on the deceased parents Will, this claimant is named as an executor,


Note- they are listed as one executor of that will of their deceased parent, whose widow lives in that property alone.





The claimant also has 3 brothers all above 21 years old.

Now, on the claim form that the child has made
(the Particulars of claim) they add this statement:

This claim is being made:

• on behalf of the estate
  

• on behalf of the dependents

Estate = people included in the will, which are the parent, and the 4 sons (claimant and 3 brothers)


(and as I mentioned above, the claim form name is Only in that single claimant childs' name)


This child has no assets, no property, no money etc


The question (Is the widows property shielded ?)
Now lets say the worse case scenario the case gets lost by the claimant and as the defendant wins, they chase the costs incurred from the claimant

Now, if the amount of money to be recouped by the defendant (from the claimant) is large

Then does this legally mean that the defendant (after the defendant wins the case) can take this house (as the claimant has no assets), then can the defendant claim to take the house to recoup their costs?

Or the claimant is shielded from the defendant to take that parents property?
(ie,is the house safe?)

Note- they are listed as one executor of that will of their deceased parent, whose widow lives in that property alone.



The question (Behalf of estate Bold statement)
then could they chase the incurred costs from the widowed parent? or put a charge on the parents house property?

or can they equivalently legally get this incurred money from any of the other 3 brothers?

...on the basis that this following bold statement has been included in the claim form (Particulars of claim):



This claim is being made:

• on behalf of the estate
  

• on behalf of the dependents

------

Ie, Has adding that above bold statement in the claim form made the parent and/or remaining brothers legally liable to pay any of the dependents incurred costs, should the case be lost by the claimant ?


or they are safe, and the defendant cannot legally chase any incurred costs from the parent or brothers?


-This is quite a touching emotional situation and question so thank you for your assistance )

(Can we not get into the detail of the claim please, it is touching, and please advise on the 'taking away' of the property - from a legal point of view, is the house safe? Or it can be taken?

(I don't want to get into the details of the claim, due to it being a touching subject)
so thanks for your help, answers to this question will be appreciated.


and what specific area of law is this ? (eg Cost Liability law) ?.

It would have been easier if you had said the basic facts. Why is the estate being challenged is my first question. What nature of the estate is being claimed? The property is safe (the Widow's) assuming the house passed to her via a joint tenancy or left as the spouse's beneficiary, as property rights are absolute until her death. There can be no claims made against the property unless the widow has done something wrong, ie fraudulently tampered with the Will. What are the dependents (who I assume are children) interests to the estate? The executor is simply carrying out the commands of the deceased legally and does not have ownership to the estate; they are merely conveying the estate's interests. You say you don't want to get into the details but how can we advise where those details are important to answering your queries effectively.