update

freda11 · 27 October 2014 at 11:13PM

Gingernutty wrote: »

Why has this not come out before?

We told the solicitors that this person had taken money from the account whilst the deceased was dying. All they did was note the file! When we brought it up again at a meeting the solicitor shrugged it off and said that it was not necessary to go into this!! Well we personally now think this is the time!

freda11 · 29 October 2014 at 5:28PM

also he wrote some horidi letters to his dying father! In one of them he states, he and 'his team' will be looking into the whys and wherefores of the circumstances surrounding the change of will!! Makes you wonder whether he and his team were in it from the beginning!! We know who his team are as these are the only people who could be giving him the information!

freda11 · 14 January 2015 at 11:45PM

Well folks, its been a long time but its still ongoing. Lots of letters between solicitors adding up to a nice hefty bill! After nearly clinching a deal, agreeing to what he asked for only to be slapped in the face as he refused to agree to pay a paltry sum in maintenance for any essentials repairs to the property, seeing as he would of been 50% owner that agreement fell flat. Then he wanted all the money in the estate but we could keep the house, told him to bog off. Now we are nearly at mediation, even though we told out solicitor 3 letters ago just to go straight to mediation but each time he has come back to see if we can agree another offer. There is just no pleasing the contester!! Now the solicitor is saying he has had numerous conversations with the other sides solicitor and they think because we are offering £20k and no house he wants £50k and no house then the mediator would probably try for an in between figure of £35k, which could be £20k from estate and £15k from sale of property. We have already offered £20k and 50% of house on a part 36 offer and that was refused so why would he accept the lower amount?? We are quite prepared to mediate, it will cost each party up front around £4k including solicitors and preparation etc. Our solicitor keeps banging on about Illot and Mitson which is similar as mother fell out with daughter and she got £50k from a £460k estate from the Inheritance Act. 10%, so if in our case the estate is worth £200k then £20k seems reasonable to me! Also in our case and we have evidence in a witness statement it was son who fell out with father, father tried to reconcile but he refused point blank! It seems our solicitor is not on our side at all!! We have 3 witness statements from nurses and manager at care home all agreeing dad had capacity, power of attorney letter from doc stating dad had capacity, lark v nugus from sol who drafted will stating dad had capacity. He has a silly report from a psychiatrist who never saw dad who has looked at some medical notes stating what state of mind dad was probably in when he wrote will and even our solicitor has said that his solicitor agrees it is in OUR favour!!! Illot and Mitson was an inheritance act claim not a caveat stopping probate from what I can make of it??