Caveat

RAS

troubleinparadise wrote: »

Anything and everything will help - he really is vexatious!

freda

If it does go to court, ask the judge to strike it out as vexatious.

freda11

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RAS

freda11 wrote: »

Can he claim for his costs to be paid out of the estate, win or loose, court or no court?

No.

If he loses he pays his costs and you can ask that he pays yours as well. Make sure he knows that you will do so.

If he wins the estate will pay the costs, I think. So if he is feeling agrieved, it is a good way of getting back at you.

What the solicitors will advise is some sort of compromise payment before it goes to court.

If he rejects that, then he has to pay the costs unless he wins more than the amount offered; even if he wins something.

freda11

Whats the legal meaning of vexatious, I always thought it was when someone tried and tried again and again to bring court actions?

freda11

RAS wrote: »

No.



What the solicitors will advise is some sort of compromise payment before it goes to court.

Payment just from him or us as well?


Our solicitor advised in a previous letter to them that we shall be seeking costs. It also says in his solicitors letter, they will be seeking costs.

RAS

freda11 wrote: »

Whats the legal meaning of vexatious, I always thought it was when someone tried and tried again and again to bring court actions?

That is one meaning.

Also to bring court actions solely of the purpose of haressing and distressing the other party.

freda11 wrote: »

His solicitor letter also states that the client is not interested in the financial aspect he is more concerned with the principle of our solicitors clients (us) actions.

To which he pretty much has admitted in his statement.

freda11

Nice one, thanks for all your help

freda11

The full paragraph reads: At this stage we hope that this matter is resolved amicably. Our client is extremely dismayed with your clients conduct in this matter and whilst he is not interested in the financial aspect of this case he is more so concerned with the principle of your clients actions. Having said that our client will take all necessary steps to recover the assets of his late father which should form part of his estate and should be distributed in accordance with his earlier will.

madbadrob

RAS wrote: »

No.

If he loses he pays his costs and you can ask that he pays yours as well. Make sure he knows that you will do so.

If he wins the estate will pay the costs, I think. So if he is feeling agrieved, it is a good way of getting back at you.

What the solicitors will advise is some sort of compromise payment before it goes to court.

If he rejects that, then he has to pay the costs unless he wins more than the amount offered; even if he wins something.

Not actually true. Costs can be awarded by the judge even if he was to lose. It doesnt happen often but it can happen. If he wins there is no reason for the estate to pay the costs either this is a decision for the court to make.

Costs are a very difficult area to advise on.

Freda with regards to the competence of your FiL to sign the will you have the proof in so much as where the doctor says he agrees that it is time for the LPA to come into operation and that your FiL was fully aware of this and was happy with it. If he was not compus mentis then there is no way he could not have known what he was signing in July 2011. Well that is my understanding.

Your solicitor would be he best to advise further.

Good Luck

Rob

freda11

Thanks Rob. Second will was July 2012 not 2011, but like you say the doctors letter was Jan 2013. He had all his faculties until a few days before he died! I just wish his son had shown as much interest in the poor man when he was alive. He's far more interested now the man has died. I will keep you posted!