Query on dispute of will / probate

getmore4less

it's a question for the OP

phatwa

Yorkshireman99 wrote: »

The OP said so in the first line of their original post. I suppose it is possible that it was one of the documents that the alledged partner burnt.

It could be, but knowing the deceased it seems very unlikely they would have prepared a will at any point.

paddy's_mum

marcelli wrote: »

1 Solicitors do seem to like to advise mediation and negotiation in the first instance; not sure why

It is because in many sections of our law they are required by the Act of Parliament that brought that law into being to do so, especially in relation to things that affect people directly, such as divorce, custody, inheritance, adoption.

Many actions, even some perhaps as tiny as getting back £10 that Fred Bloggs owes you through the Small Claims Court, have negotiate/mediate/reasonable within the paperwork submitted at the very start of the process, as a quick whirl through the Gov.UK forms website will show.

It seems reasonable to me to suggest very strongly that people at least attempt to talk to each other to resolve a dispute before clogging up the courts system trying to bash each other over the head with the cosh of highly expensive legal action.

Yorkshireman99

paddy's_mum wrote: »

It is because in many sections of our law they are required by the Act of Parliament that brought that law into being to do so, especially in relation to things that affect people directly, such as divorce, custody, inheritance, adoption.

Many actions, even some perhaps as tiny as getting back £10 that Fred Bloggs owes you through the Small Claims Court, have negotiate/mediate/reasonable within the paperwork submitted at the very start of the process, as a quick whirl through the Gov.UK forms website will show.

It seems reasonable to me to suggest very strongly that people at least attempt to talk to each other to resolve a dispute before clogging up the courts system trying to bash each other over the head with the cosh of highly expensive legal action.

All very well but why on earth even suggest it in this case where, based on what the OP has told us, the is no chance of any claim. I would expect any decent solicitor to protect their clients interests better than this.

phatwa

Indeed. My concern is that, should all on my side agree to offer the "ex partner" anything, the amount itself is going to be difficult to decide upon. I doubt she will be offered anything, but will the court (should it get that far) look poorly at this and see that we have made no attempt at mitigation? That is our concern, that something should be offered so at to look better in court, but without compromising anything. The flipside of doing that is, it might suggest we quietly believe she has a valid claim, and we therefore should offer her not a penny. I have been to magistrates courts several times and normally found their findings are at odds with common sense...!

TBagpuss

3 Your solicitor advises "negotiate on the claim" which I am assuming means come to terms before thinking of taking matters to court. Solicitors do seem to like to advise mediation and negotiation in the first instance; not sure why. I don't think Solicitor is actually saying that claim is valid by suggesting negotiations

Partly becuae it is expected that people should try to resolve matters bfore resorting to court proceedngs, in some areas of the law it is mandatory and you can be penelised in costs if you fail to make the effort.

Secondly, it can save a lot of money. If Partner makes a claim in court and fails, then the estate may be entitled to claim costs back from them, but if they have no assets then there is nothing to fund those costs, so they will come out of the estate. Contested court proceedigns can quickly get very expensive as they are time consuming. If you can negotiate a deal to pay out (say) £5,000 that may be a beter outcome than spending £10,000 on legal fees and at the end finding that the claimant is entitled to nothing, but you get no costs order or he claimant can't pay and you end up with them paying £10 a week to the estate for the next 20 years...

Also, negotiation can mean that you get a better idea of what their claim is and the strength of their case.

Yorkshireman99

phatwa wrote: »

Indeed. My concern is that, should all on my side agree to offer the "ex partner" anything, the amount itself is going to be difficult to decide upon. I doubt she will be offered anything, but will the court (should it get that far) look poorly at this and see that we have made no attempt at mitigation? That is our concern, that something should be offered so at to look better in court, but without compromising anything. The flipside of doing that is, it might suggest we quietly believe she has a valid claim, and we therefore should offer her not a penny. I have been to magistrates courts several times and normally found their findings are at odds with common sense...!

The Court will not look kindly on a what, on the face of it, is a spurious claim. The wilful destruction of documents is particularly damning. I strongly believe based on what you have said that she would have difficulty in even getting a spolicitor to take the case at least without a substantial up front deposit. The suggestion that you try "paying them off" with £5,000 or so is risible. Even before such an offer was made you would need to see some solid evidence of the case. It is very easy for people to suggest such a payment when they have no responsibility for doing so. No competent solicitor is going to suggest such a course of action before seeing much more detail.

troubleinparadise

Yorkshireman99 wrote: »

The Court will not look kindly on a what, on the face of it, is a spurious claim. The wilful destruction of documents is particularly damning. I strongly believe based on what you have said that she would have difficulty in even getting a spolicitor to take the case at least without a substantial up front deposit. The suggestion that you try "paying them off" with £5,000 or so is risible. Even before such an offer was made you would need to see some solid evidence of the case. It is very easy for people to suggest such a payment when they have no responsibility for doing so. No competent solicitor is going to suggest such a course of action before seeing much more detail.

Equally, who is entitled to make such an "offer"?

In a case of intestacy, the heirs are clearly identified, and for any one of those to start making offers to someone who might potentially have a moral if not legal right to inherit something might then be depriving those who have a legal right.

If any legal heir personally wishes to give some of their inheritance to that person then fine, but that is a personal decision, and they cannot make that decision on behalf of anyone else.

getmore4less

phatwa wrote: »

It could be, but knowing the deceased it seems very unlikely they would have prepared a will at any point.

For some that has no clue if they were living with someone I find it hard to understand how you are so certain about other stuff.

phatwa

I didn't say I was certain. I said it was unlikely.