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claim against the estate

claim against the estate

Postby mr_c » Fri Oct 11, 2013 1:31 pm

I am the executor of my late father's estate. I have been obstructed from finalising the estate by a sibling who refuses to accept he was left nothing, the will is being challenged on the grounds of partial intestacy and that the deceased would have made provisions for his finances although he hardly had any savings.

He claim is weak but he has applied to the courts based on that. I am financially strapped as I have spent so much money trying to finalised the estate. What do I need to consider defending his claim? My sibling is bitter because they were not in appointed executor and has asked for me to be removed despite the other sibling being happy with my appointment.

Any advice would be appreciated as I have a limited time to respond and my solicitor is clueless hence the reason I am looking to appoint someone else. He cannot answer basic question and does not have a clear approach to solving this. It is clearly not his area.

Mr C
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Re: claim against the estate

Postby atticus » Fri Oct 11, 2013 1:35 pm

Find a good solicitor with experience of probate cases ASAP.

The way you describe the case gives the impression that your sibling's case may be weak. However, that may be down to your wording. There is no alternative to seeing the case papers.

This kind of case can drain the estate of funds.
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Re: claim against the estate

Postby mr_c » Fri Oct 11, 2013 1:45 pm

It has and it is unnecessary. It is a weak case based on shortened names in the will and alleged health issues.
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Re: claim against the estate

Postby mr_c » Fri Oct 11, 2013 1:46 pm

thanks for your quick reply.
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Re: claim against the estate

Postby atticus » Fri Oct 11, 2013 1:53 pm

There are ways of knocking out hopeless cases.
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Re: claim against the estate

Postby mr_c » Fri Oct 11, 2013 5:14 pm

that's true but I believe he is trying to lose as much money from the estate so that other beneficiaries will not benefit as their gifts will need to be sold to pay for the legal costs. Horrible really, considering the fact he has already pocketed from the deceased.
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Re: claim against the estate

Postby atticus » Fri Oct 11, 2013 5:27 pm

If his claim is hopeless, he may find himself on the wrong end of an order to pay costs.
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Re: claim against the estate

Postby miner » Sat Oct 12, 2013 4:22 pm

atticus wrote:If his claim is hopeless, he may find himself on the wrong end of an order to pay costs.


Costs which he possibly can't pay. In that case, even if you won, he wouldn't be able to pay your costs either, so you would be ultimately responsible for paying your solicitor. Bear that in mind.

An Order to pay costs doesn't actually mean that they will ever be paid by the party against whom the Order is raised. I think Atticus should have made that clear to you before he recommended you to run to a solicitor and rack up what could be substantial costs.
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Re: claim against the estate

Postby atticus » Sat Oct 12, 2013 5:35 pm

Yes sorry, roll over and pay out even more.

Or see a good solicitor who will discuss all these things with you.
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Re: claim against the estate

Postby mr_c » Mon Oct 28, 2013 6:16 pm

Hi Chaps,

I was just wondering what the usual procedure in defending a Will is once a claim has been made against it. I am responding via my solicitor as I have evidence to dispute the claim against the estate. Mainly evidence to the areas raised as a claim. The cost estimated is expensive and although I am prepared to go the distance I am not in a good place financially. Once it goes back to court does a panel review the case then decide if it is worth pursing or does it have to go the distance thus causing me to incur more cost that I can ill afford.

I am just not prepared to lie down but it is very hard.

Regards
Mr C
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