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Caveat

edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
148 replies 37.7K views
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  • freda11freda11 Forumite
    236 posts
    Plus we are still waiting for them to disclose their evidence, in his letter pof December they were gathering their "abundance" of evidence, not seen any of it yet!! We now have sone excellent witness statements and doctors reports which all state dad was of sound mind. Apparently the burden of proof for mental capacity was up to us to prove. The coercion is up to him to prove. The only witness statements i can see him getting are from the very people who fed him all the wrong information out of spite to us. The very people who will also be ripped to shreds in court when our barrister brings up thd fact that they were stealinv money from dads account and paying it straight into their own account. The barrister is going to be arranging for their bank accounts to be frozen whilst being investigated. And one of these has been for many years and still is under a psychiatrist.
  • madbadrobmadbadrob Forumite
    1.3K posts
    YEs I would say if they are instructing counsel they are going to be heading to court. As for their evidence they dont have to divulge that until court although normally they will.

    I understand why the offer was made but my own thinking is that when you make an offer you are admitting some form of liability

    Rob
  • freda11freda11 Forumite
    236 posts
    Sol said cos he made an offer it would look better if we did too, the offer was made stating words to the effect of we accept no reason to make this offer other than to try and bring this dispute to a speedy conclusion even though it was not what dad would of wanted us to do. So if he started the court proceedings would that mean he would have to pay for it to go to court? Tbh i still think he is bluffing. In the 3 letters th e 3 letters we have received there has been nothing concrete in them, all they say we are taking our clients instructions. I wish he would give his bloody instructions and get going with whatever he's going to do. All he's doing is timewasting hoping we will get fed up .
  • John_PierpointJohn_Pierpoint Forumite
    8.4K posts
    Part of the Furniture 1,000 Posts
    ✭✭✭✭
    Would you not normally initially make an offer "without prejudice".
  • madbadrobmadbadrob Forumite
    1.3K posts
    JOhn ye I would think so I just have never bought into the 'without prejudice' line.

    Freda, This could take forever depending on how forceful your solicitor can be

    Rob
  • freda11freda11 Forumite
    236 posts
    The offer was made without prejudice save as to cost. Sol just waiting for doctors medical records for dad. Barrister is going to meet us once this repirt had been received then we take him to court. Otherwise like rob says we would be waiting years.
  • freda11freda11 Forumite
    236 posts
    barrister is concerned if we issue a claim we may be seemed by the court as jumping the gun and get a cost order against us. he says as the other side has mentioned they will be seeking counsel advice it would be prudent to wait a few weeks and see if they do take it to court then we could defend it rather than make the claim ourself. My concern is the other side is full of hot air and we could wait forever and a day. If we were to say give them a month and if still no joy would we then be in our right to either demand they pull their finger out or we issue the proceedings.solicitor said we can make a formal claim to the court for the court to pronounce the validity if the will and this would have to be made in the high court, could someone explain what this means?
  • madbadrobmadbadrob Forumite
    1.3K posts
    Thats basically a court views the will and listens to the argument of the lawyers and then they make a decision as to whether the will is valid or not. That then ends the arguments from the other side although they could appeal that decision

    Rob
  • freda11freda11 Forumite
    236 posts
    Yawn, still waiting 6 weeks on for him to seek counsel advice!
  • freda11freda11 Forumite
    236 posts
    still waiting ....................
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