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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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  • Savvy_SueSavvy_Sue Forumite
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    freda11 wrote: »
    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.
    Do you know how that reads to me? "Obviously my client has to say that he doesn't really care about the money, because it doesn't look right to say 'all I want is the money', but all he wants is the money."
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  • John_PierpointJohn_Pierpoint Forumite
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    freda11 wrote: »
    Thanks trouble, I won't let him get me down. He has told too many lies and these thankfully can be proven. If it goes to court we have for witnesses, amongst others, the solicitor who drafted the will, the nursing home manager and manageress, the undertaker and a good friend and neighbour of the family who was witness to the will signing.

    How many of these communications have "without prejudice" plastered across the top of them - to keep the court from discovering the twists and turns involved in this process.
  • edited 9 December 2013 at 3:51PM
    freda11freda11 Forumite
    236 posts
    edited 9 December 2013 at 3:51PM
    deleted post
  • edited 9 December 2013 at 3:50PM
    freda11freda11 Forumite
    236 posts
    edited 9 December 2013 at 3:50PM
    deleted post
  • madbadrobmadbadrob Forumite
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    freda11 wrote: »
    I just need to add, there were 2 letters we received from sons solicitor, same date. First one all about they want everything secobd letter they were prepared to negotiate under their terms. We are prepared to instruct our solicitor to advise them we are happy for them to take it to court, rather than negotiate with further letters. What happens if he doesn't take us to court?

    If he doesnt take you to court you would need to know that you can go ahead without any further interference from this person. I would suspect based on all you have shared that he will go to court though.

    In an earlier post you mention a gift and a bank statement. Was this before your FiL died? If so then there is no way to answer this if after then whoever is executor (sorry I cant remember if this was yourselves) should have been the only one with the ability to get a bank statement

    Rob
  • freda11freda11 Forumite
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    Hi rob yes the gift and statement were befire FIL died. Good i really hope he takes it to court! Let battle commence. We have a solicitor and undertaker along with the doctor letter in our defence. FIL also mentioned the gift an will to a family member saying what he was doing, i dont know whether he can be called as a witness being family. All he has is a woman who stole from his dying dads account who is under phychiatric treatment.
  • madbadrobmadbadrob Forumite
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    freda11 wrote: »
    Hi rob yes the gift and statement were befire FIL died. Good i really hope he takes it to court! Let battle commence. We have a solicitor and undertaker along with the doctor letter in our defence. FIL also mentioned the gift an will to a family member saying what he was doing, i dont know whether he can be called as a witness being family. All he has is a woman who stole from his dying dads account who is under phychiatric treatment.

    Of course anyone can be called as a witness but the other side will try to discredit the evidence they give. At the end of the day the judge will decide whether to accept what is said or not. I would leave this to your solicitor to advise on the best course of action but you should be aware that courts dont take kindly to these cases where mediation has not been tried first

    Rob
  • Not sure it is appropriate to ask this question here, so sorry if I offend.

    How does a solicitor know that a client who may be taking medication is 'of sound mind'??

    Is there a test?

    Hope your doing ok Freda 11, it's a horrible situation to be in.

    Take care
  • freda11freda11 Forumite
    236 posts
    Just a quick update, our sol sent a letter before Christmas saying we reject their letter and offer and basically we are prepared for them to take us to court. We made an offer to him but have heard nothing back. Our solicitor also informed them in the letter we are preparing witness statements and medical evidence. She has now sent out letters/questionnaires to all 8 witnesses. All I can say is its gone very quiet on their side, don't know if that's a good thing or not?? The letter to them was sent around 23rd December, I know we have had Christmas and New year but surely they should have responded by now?~
  • madbadrobmadbadrob Forumite
    1.3K posts
    You would have thought so however if their solicitor hasnt heard anything from his client they cant respond. Just keep going you should win this

    Rob
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