inheritance provision for family and dependants act 1975 claim

[Deleted User]

Hi all,


I'm hoping somebody can assist. I am posting this on behalf of a friend(I shall call him John) although I am very familiar with the case.



To cut a long story short John inherits said money from fathers estate. Johns brother(Peter) puts a caveat stating deceased father is a drunk and contests will. Solicitors letters go back and forth and Peter withdraws the caveat after a years fighting.


Now John receives a letter this morning from his solicitor stating Peter has put in a claim under the above act.(under which provision of the act we haven't received yet from Peters solicitor.)


Our question is whether John now has to now employ a solicitor again to fight this or can he just ignore and wait to see what happens? John has already spent £10k on fighting the caveat.



Peter has basically been trying it on from the very beginning stating he will accept mediation to settle the matter.


Any advice please?

Yorkshireman99

Deleted_User wrote: »

Hi all,


I'm hoping somebody can assist. I am posting this on behalf of a friend(I shall call him John) although I am very familiar with the case.



To cut a long story short John inherits said money from fathers estate. Johns brother(Peter) puts a caveat stating deceased father is a drunk and contests will. Solicitors letters go back and forth and Peter withdraws the caveat after a years fighting.


Now John receives a letter this morning from his solicitor stating Peter has put in a claim under the above act.(under which provision of the act we haven't received yet from Peters solicitor.)


Our question is whether John now has to now employ a solicitor again to fight this or can he just ignore and wait to see what happens? John has already spent £10k on fighting the caveat.



Peter has basically been trying it on from the very beginning stating he will accept mediation to settle the matter.


Any advice please?

Claims have to be made within six months so AFAIK they are too late to do so. No doubt someone will correct me if I am wrong!

Brynsam

Yorkshireman99 wrote: »

Claims have to be made within six months so AFAIK they are too late to do so. No doubt someone will correct me if I am wrong!

The claim has to be made within 6 months of the grant of probate (or representation). Not clear from the question if probate has now been obtained following withdrawal of the caveat?

Dox

Have you considered the possibility that Peter actually has a case? I'm not suggesting he necessarily does - I know nothing about it - but sometimes stopping and thinking is no bad thing. If he was happy to accept mediation and John was sure he was on firm territory, why not try that route instead of flinging money at solicitors?

[Deleted User]

Brynsam wrote: »

The claim has to be made within 6 months of the grant of probate (or representation). Not clear from the question if probate has now been obtained following withdrawal of the caveat?

Yes probate has been granted and Peter is still in the 6 month period.

[Deleted User]

Dox wrote: »

Have you considered the possibility that Peter actually has a case? I'm not suggesting he necessarily does - I know nothing about it - but sometimes stopping and thinking is no bad thing. If he was happy to accept mediation and John was sure he was on firm territory, why not try that route instead of flinging money at solicitors?

Unfortunately it is too late to mediate. John would rather through the money down the drain than give any to Peter.
This goes back a long way and without going into great depth Peter spent all of the mothers inheritance before it had time to even get to probate.

Brynsam

Deleted_User wrote: »

Unfortunately it is too late to mediate. John would rather through the money down the drain than give any to Peter.
This goes back a long way and without going into great depth Peter spent all of the mothers inheritance before it had time to even get to probate.

Probably time you bowed out of this nonsense and let the pair of them continue their pointless sparring.

[Deleted User]

Brynsam wrote: »

Probably time you bowed out of this nonsense and let the pair of them continue their pointless sparring.

Thank you but I was just looking for legal advice, not personal.

Brynsam

Deleted_User wrote: »

Thank you but I was just looking for legal advice, not personal.

Perhaps comments in your post such as 'Peter has basically been trying it on from the very beginning stating he will accept mediation to settle the matter' give a good indication as to why it may be in everyone's interest for you to step aside. You do seem to have become over-involved and perhaps no long see the wood for the trees (and that would be my professional as well as my personal advice to a client).

[Deleted User]

Brynsam wrote: »

Perhaps comments in your post such as 'Peter has basically been trying it on from the very beginning stating he will accept mediation to settle the matter' give a good indication as to why it may be in everyone's interest for you to step aside. You do seem to have become over-involved and perhaps no long see the wood for the trees (and that would be my professional as well as my personal advice to a client).

Once again legal advice only please.

Yorkshireman99

Deleted_User wrote: »

Once again legal advice only please.

It IS sound legal advice!