still embroiled in uncle expenses dispute

faerielight

This expenses fight is what is holding up my inheritance.My uncle is still trying to get the £18 000 off me for "pre and post death expenses" spanning from 2010 (no idea why he is claiming that far back, , as my mother died in 2017, £14000 are him kitting out the flat in Spain he inherited. He unraveled recently via his solicitors and sent me so many irreverent documents, meant to push my buttons and get me to back down.

He wrote that he is prepared to drop the amount if I made a reasonable offer, as I'm causing him so much stress. so we offered £7000 which more than covers his post death executor duty costs, and we got a reply in which they were shocked and astounded that I had made an offer, even though it was at their request! I knew that comment was fickle as he is enjoying this and isn't going to let go of hurting me easily.

Then he tried to justify the amount saying " the "personal correspondence will have given you some background into Mrs **** health and financial situation, following her husband's death , as well as information regarding other matters, including the relationship between mother and daughter"

, my father died in 1995,. my mother had perfect health then and they are portraying her as being destitute, when she had a mortgage free house in Bucks to remortgage and live comfortably without working for 25 years.
What that has to do with the expenses dispute, I have no idea, nor is the difficult relationship I had with my mother.. He is driving me crazy!! I feel like he's trying to do a narcissistic smear campain and bully and guilt trip me into backing down.

My solicitor wrote a stern letter saying that as the executor, he is not neutral nor does he have my best interests, and also that he should not be using his firm to offer council regarding this dispute, as they are being unproffessional; and that I will not be liable to pay for his firm's responses, only correspondence pertaining to the estate. It will be interesting to see if he is forced to pay out of his pocket, how quickly he packs in this punishment game of his.

I've been so tempted to cave in but it's £14000 a lot of money!
The thing I'm most worried about though is that I've found a home I love, made and offer and the owners have accepted, as my solicitor got my uncle's firm to confirm that there is £600000 from the sale of my mother's house so it is available , but this last reply from them contained a veiled threat about them possibly withdrawing that offer, as they had been more than cooperative getting me a small interim payment, to over surveys and conveyancing, and I'm really scared as to whether they can find a way to sabotage my purchase. I really want this horrible stressful fight over and done with, especially as I'm getting really ill again and in need of urgent major surgery. I can't wait for this to be over.

Yorkshireman99

You uncle is a con man. He does not deserve anything unless he can prove every penny of the claimed expenses. Tell your solicitor to play hardball.

faerielight

He is a con man and cut from the same cloth as my mother! some of the "personal documents" he sent recently were 2 separate financial advisers letters to her telling her she was money laundering and tax evasion for her fraudster con man boyfriend. I think he sent them to try and paint my mum as a victim, but it just made her look like such a devious criminal!
.. He has produced receipts and bank statements for all the furniture, bedding, coffee machines stc for the spanish flat, but he started buying things in 2010 and used the excuse as my mother was stressed with her con man boyfriend relationship spo she asked him to buy stuff for the flat and dint want to ask her for the money back due to "stress". The stupid thing is, he is loaded, he doesn't need this money it's about power and greed and trying to drive me into the ground knowing how seriously ill I am, it's psychopathic. And the flat is his, and his responsibility to furnish.
The stress is really getting to me now though.

I think she is playing hardball, some of what she wrote is: " Having given some thought to the current position,.if your client wishes to pursue his claim for pre and post death expenses, then it is not appropriate for you to continue to represent him in this dispute, AND to act for him in administering the estate.
There is a conflict of interest. His responsibility as an executor is to act in a neutral capacity. His expenses claim as set out in the schedule of assets and liabilities, is not a claim in his capacity as executor.
This means that the work you are undertaking for him as far as the dispute is concerned, is NOT chargeable to the estate. We draw this to your attention so that you are aware that in the estate accounts we will expect to see your fees which only relate to the administration of the estate.
We raise this now because in the light of your recent correspondence, it seems likely that this dispute will not be resolved in the near future. The offer that was put by us was at YOUR invitation in your email 2nd February and purely on a commercial basis to see an end to this dispute. That offer remains open for a further 10 days, after which time it will be withdrawn, and your client must then, in our view take spare legal advice. We have set out our concerns about your client's claim in previous correspondence. The sums claimed are substantial and our client's offer is a reasonable one."

I guess I'm scared as to what his next move is, can he sue me? can he block my flat sale even though the money is available?

Yorkshireman99

faerielight wrote: »

He is a con man and cut from the same cloth as my mother! some of the "personal documents" he sent recently were 2 separate financial advisers letters to her telling her she was money laundering and tax evasion for her fraudster con man boyfriend. I think he sent them to try and paint my mum as a victim, but it just made her look like such a devious criminal!
.. He has produced receipts and bank statements for all the furniture, bedding, coffee machines stc for the spanish flat, but he started buying things in 2010 and used the excuse as my mother was stressed with her con man boyfriend relationship spo she asked him to buy stuff for the flat and dint want to ask her for the money back due to "stress". The stupid thing is, he is loaded, he doesn't need this money it's about power and greed and trying to drive me into the ground knowing how seriously ill I am, it's psychopathic. And the flat is his, and his responsibility to furnish.
The stress is really getting to me now though.

I think she is playing hardball, some of what she wrote is: " Having given some thought to the current position,.if your client wishes to pursue his claim for pre and post death expenses, then it is not appropriate for you to continue to represent him in this dispute, AND to act for him in administering the estate.
There is a conflict of interest. His responsibility as an executor is to act in a neutral capacity. His expenses claim as set out in the schedule of assets and liabilities, is not a claim in his capacity as executor.
This means that the work you are undertaking for him as far as the dispute is concerned, is NOT chargeable to the estate. We draw this to your attention so that you are aware that in the estate accounts we will expect to see your fees which only relate to the administration of the estate.
We raise this now because in the light of your recent correspondence, it seems likely that this dispute will not be resolved in the near future. The offer that was put by us was at YOUR invitation in your email 2nd February and purely on a commercial basis to see an end to this dispute. That offer remains open for a further 10 days, after which time it will be withdrawn, and your client must then, in our view take spare legal advice. We have set out our concerns about your client's claim in previous correspondence. The sums claimed are substantial and our client's offer is a reasonable one."

I guess I'm scared as to what his next move is, can he sue me? can he block my flat sale even though the money is available?

Your solicitor sounds on the ball and you should trust her. IMHO he is bluffing. Bullies almost always give in when challenged. Your solicitor might also consider reporting the solicitor to his professional body.

faerielight

thanks Yorkshireman I think he is bluffing and she is a really good solicitor, thank goodness, and when this is over, Iwill suggest reporting them. It's all so stressful, can't wait to be free of the clutches of my uncle!

Yorkshireman99

faerielight wrote: »

thanks Yorkshireman I think he is bluffing and she is a really good solicitor, thank goodness, and when this is over, Iwill suggest reporting them. It's all so stressful, can't wait to be free of the clutches of my uncle!

Well done for not allowing a bullying conman to intimidate you. People like him deserve all they get in retribution. I hope it does not end up in court but it does, and you win, make sure the press get to know about it.

faerielight

thanks Yorkshire! I'm planning on writing a newspaper article anyway about my family when all this is done and dusted, with a journalist friend so this will be included! I do hope it doesn't go to court though, not sure if my health could take it, hopefully he will back down when he is faced with spending his own money

YoungBlueEyes

Good luck to you faerielight, I've got all my fingers and toes crossed

YM is right, bullies back down when challenged. Don't back down (unless your solicitor tells you to). My father had a favourite saying - "You stand for what's right, even if you stand alone" and he was right.

Don't let this make you ill though faerielight. I know it sounds flippant but don't be stewing and worrying about it, that's what you're paying a bunch of money to your solicitor for! Devious lying grasping bullying relatives deserve all they've got coming to them. Your uncle will get his.
"What's coming for you won't pass by you" <-- Father again

faerielight

aww thanks for your kind words

faerielight

Well the latest chapter to this nightmare is that I've just been served with an eviction to leave my rented flat.. it's soo stressful! I'm shocked that my uncle didn't back down and respond to the last email as the offer of £7000 expenses was only on the table for 20 days, he hasn't responded either to the request for a legal document a written undertaking as proof I can get the money for the flat. The conveyancing solicitors are putting pressure on me to produce this, so the sellers are clearly uncomfortable, and I have no control over my uncle's actions, he's acting like he's withholding my pocket money, it's crazy. So now I'm worried sick that he is going to jeperdise the flat sale, and It's imperative I need to secure it and move now that I've been served a section 21, and I feel terrified as to what his next move is and so close to throwing the towel in to preserve the sale.. I got sent the contract to sign, which threw me as I didn't think we were there yet, but I cant sign it unti i have guarantee that he will release the money for the flat. They now want £37000 deposit as soon as, but he's not responded to our last request. and I'm scared he's taking my solicitor's advice and finding legal council elsewhere and I'm scared he's going to contest the will.. can he do that at this stage? This is all having such a knock on effect on my health.

Yorkshireman99

All I can say is to keep calm. I know it sounds flippant but now is not the time to give in. Eviction takes some time and if the worst comes to the worst the local council are obliged to provide you with accommodation but only if you are evicted and don!!!8217;t leave voluntarily. We are all behind you!