I am being taken to court by a claimant under inheritance act claim. I don’t have enough money if the case becomes very expensive - I have about £30,000 and I understand if I lose I could have to pay claimants costs too. Claimant is rich and can throw lots of money at it. Is there any books that can help me defend a case on my own without a solicitor and detail each step and how to respond ? I am also looking into seeing if a barrister is cheaper and affordable and think this way I would also need to do lot of the ground work. Any advice ? Thanks in advance .
Inheritance act claim litigant in person
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I am currently using a solicitor to take it to mediation but as there won’t be the money available to defend the claim using the solicitor as have been advised costs can exceed 100k I guess my question is can a lay person defend in court and was anyone aware of specific literature that can help . I found one book which is helpful but it wasn’t detailed enough.
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Has your solicitor at least given you advice about the strengths/weaknesses of your position?
Contact local barristers' chambers (or ask your solicitor to introduce you to a couple) and see on what basis a barrister can assist you on a 'direct access' basis.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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Yes solicitor has said good chance. The claimant owns half the house and I’ve been left the other half. Claimant has £400k savings and a good income . I have offered life interest so am prepared to wait many years. I am currently waiting to hear back about approximate costs from direct access barristers to see if I have enough for this.
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It is always possible for a lay person to defend any claim, but the problem with inheritance claims is that they are filed in the Queen's Bench of the High Court.
As you have been warned this makes proceedings expensive, and if you get the procedures wrong it could result in adverse costs award.
Presumably the claimant was the spouse or partner of the deceased who left their share of the property to you, and is claiming that they were not left reasonable financial provision
Have they actually yet initiated court procedures, or is it just a threat?
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DES8 and myself are really trying to find out just what the claim is actually for. Is it as DES8 has guessed, or can you explain just what the claim is against you in detail. The more information you give us the easier it may be for the members to offer advice.
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The OP has asked specific questions, which have been answered, save for the request for book suggestions.
Here is an Amazon page with some books.
https://smile.amazon.co.uk/s?k=inher...ref=nb_sb_nossLast edited by atticus; 7th May 2022, 07:15:AM.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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To answer other queries the claimant is the spouse of deceased and the property was held tenants in common due to second marriage. I am a sibling. Claimant claiming reasonable financial provision but has steady income for life and £400k savings.
Court papers been signed but that’s it and mediation soon. How long would it take to be heard in court approximately- months? Years?
thanks
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Sorry to hear this must be a difficult time for you. Was your own financial position assessed by a solicitor before you became involved in this? Did you ever care for the deceased? Were you dependent on them? Do you have any disabilities? Why was mediation chosen rather than just a defence for yourself in the case?
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