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inheritance provision for family and dependants act 1975 claim

24

Comments

  • Sea_Shell
    Sea_Shell Posts: 10,150 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Name Dropper
    As other's have said, I'd stay well out of it. If they want legal advise they can obtain it themselves. You could direct them here so they can ask in person. (unless they are already!!!)
    How's it going, AKA, Nutwatch? - 12 month spends to date = 2.60% of current retirement "pot" (as at end May 2025)
  • Sea_Shell wrote: »
    As other's have said, I'd stay well out of it. If they want legal advise they can obtain it themselves. You could direct them here so they can ask in person. (unless they are already!!!)[/QUOTE


    Its advice not advise.


    My friend asked me to post. I'll tell him the excellent legal advice I managed to obtain here.


    Thanks again.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    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?

    Clearly JOhn can wait for more details but since John has failed to make any sensible progress(years/years?) or take up the offer of mediation I suspect he(and you) will be incapable of defending(or maybe even understanding) any claim without help of a contagious probate solicitor.

    The estate administration can proceed as per the will but the distribution should be delayed until this provision action is either dropped or resolved.

    Seems no one took legal action over the miss administration of the mothers estate, look how that ended up.
  • unforeseen
    unforeseen Posts: 7,429 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    contagious probate solicitor.

    The mind boggles. I know solicitors are considered parasites at times bur never heard them called contagious :rotfl:

    Contentious maybe?
  • SevenOfNine
    SevenOfNine Posts: 2,412 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 7 October 2018 at 9:44AM
    Once again legal advice only please.

    Then see a solicitor whose qualifactions to give legal advice can be verified.

    You have chosen to ask questions on a forum, directed at a bunch of strangers whose qualifications to answer may be ???? & certainly cannot be verified, (though nevertheless experienced & knowlegeable).

    You're already aware of John's choices "get a solicitor & fight or ignore", yes he can do either. His choice.

    By the way, I'm a barrister........no wait, I mean barista! :beer:
    Seen it all, done it all, can't remember most of it.
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    edited 7 October 2018 at 9:52AM
    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?

    That was my first thought too.

    Maybe John was fathers "favourite" and thus inherited more one way or another (whether a lot more or the whole inheritance).

    It isn't fair for a parent to penalise a "less favourite child" just because of their personal feelings - after all they were the one that chose/presumably chose to have them. Some parents do though..

    Though, obviously, I can see that there is a possibility there that Peter nicked money in the first place (that reference to "spending the mothers inheritance") - so another possibility is that father saw your friend had dipped out and was putting things right.

    We cant tell from here though.
  • Tealblue
    Tealblue Posts: 929 Forumite
    Seventh Anniversary 500 Posts Combo Breaker I've been Money Tipped!
    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.

    'Our' question? It's either your question or this mythical 'John's' question - or are you using this forum to try and do GCSE law homework?

    If John really exists, tell him to see a lawyer - and do stop egging him on to cross swords with the equally mythical Peter.

    If Peter were the one doing the posting, I wonder how he would be representing this very improbable scenario?
  • Brynsam
    Brynsam Posts: 3,643 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Once again legal advice only please.

    You seem too blinkered to realise that it was...
  • Clearly JOhn can wait for more details but since John has failed to make any sensible progress(years/years?) or take up the offer of mediation I suspect he(and you) will be incapable of defending(or maybe even understanding) any claim without help of a contagious probate solicitor.

    The estate administration can proceed as per the will but the distribution should be delayed until this provision action is either dropped or resolved.

    Seems no one took legal action over the miss administration of the mothers estate, look how that ended up.


    Why should John mediate. His fathers request was that he left the money to him and that's it. This will was made 15 years ago. John is now living in a hot country enjoying his early retirement.
  • Tealblue wrote: »
    'Our' question? It's either your question or this mythical 'John's' question - or are you using this forum to try and do GCSE law homework?

    If John really exists, tell him to see a lawyer - and do stop egging him on to cross swords with the equally mythical Peter.

    If Peter were the one doing the posting, I wonder how he would be representing this very improbable scenario?


    Peter asked me to post. I said OK. There is no misrepresentation here.
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