frustrated and unsure of option

Yorkshireman99

pphillips wrote: »

Financial dependency is not actually a requirement to make a successful claim, see the Supreme Court judgement in Ilott v the Blue Cross and others [2017] UKSC 17 which involved a lifelong estrangement.

According to this case the question is whether or not the will makes reasonable financial provision for the OP's maintenance in all the circumstances. A capital claim would not be appropriate, therefore any claim for the house would not be successful unless it was a life interest claim for the OP's maintenance. The OP cannot claim anything if they have their own independent finances and don't need maintenance. The expectation of the OP is irrelevant and the brother doesn't have to justify his entitlement.

Illiot was a wholly exceptional case and it is very unlikely that it would be relevant here. Of course the OP could make a claim but it will be an expensive uphill struggle to get anywhere.

pphillips

Yorkshireman99 wrote: »

Illiot was a wholly exceptional case and it is very unlikely that it would be relevant here. Of course the OP could make a claim but it will be an expensive uphill struggle to get anywhere.

To be fair, we don't have enough information about the OP's domestic and financial circumstances to be able to comment on relevance. For all we know the OP may be unemployed and up to their eyeballs in debt / rent arrears.

Yorkshireman99

pphillips wrote: »

To be fair, we don't have enough information about the OP's domestic and financial circumstances to be able to comment on relevance. For all we know the OP may be unemployed and up to their eyeballs in debt / rent arrears.

Indeed. The first thing the OP needs to do is consult a solicitor who specialises in family law with a view to lodging a caveat to delay probate and making a claim. This will not be cheap.

pphillips

Yorkshireman99 wrote: »

Indeed. The first thing the OP needs to do is consult a solicitor who specialises in family law with a view to lodging a caveat to delay probate and making a claim. This will not be cheap.

I would have thought the OP would first need to consult a solicitor who specialises in contentious probate to find out if he should pursue a claim. Otherwise lodging a caveat would be a pointless waste of money that would delay the £2000 inheritance.

SevenOfNine

wkdboi wrote: »

I attended the will reading and it was worse than I thought
The entire estate/pension/everything got left to my brother somewhere around £300,00 worth and I got a measly 2k he says in the will it was down to having a better relationship with my older brother.

But then me who doesnt own a home, doesnt have a car, doesnt have a wife and 2 kids.. gets nothing my brother owns his home, has a good job and is in a good place finacelly even better now

Sad though it may be, I'm afraid inheriting what might be considered a 'fair share' isn't a right. It does seem to be something of a slap in the face by your father from the grave, & your brother may well have enjoyed seeing your face when you got the news which is why he did this silly will reading thing. Personally, I'd have just sent you a copy.

Emotions aside, did your brother invest more time towards your dad in later years? See him more perhaps, there for him as his health deteriorated? Were you doing your bit or absent offspring? Maybe brother was in a good place to manipulate him, & took full advantage of that. I'm in that position with my mother, just not greedy enough to persuade her (& it wouldn't take much) to shaft my 2 lazy brothers.

Was this a proper will drawn up by a solicitor? If so & your dad was of relatively sound mind when he signed it (even if he had dementia he'd only have needed to show a good level of be lucidity & understanding at the time of having solicitors draw it up), TBH from the scant info so far, I wouldn't throw your £2k away trying to fight the unfairness of the distribution because I think you'll just be on a hiding to nothing, unless you can get some free legal advice on your chances first.

Good luck though.

wkdboi

Thanks everyone for your input, I have this morning spoken with a legal team who work on a no win - no fee basis they said the final cost could be 80k but I would still stand to potentailly benefit 60/70k after fees so their going to undertake some investigations and let me know the findings

Keep_pedalling

SevenOfNine wrote: »

Sad though it may be, I'm afraid inheriting what might be considered a 'fair share' isn't a right. It does seem to be something of a slap in the face by your father from the grave, & your brother may well have enjoyed seeing your face when you got the news which is why he did this silly will reading thing. Personally, I'd have just sent you a copy.

Emotions aside, did your brother invest more time towards your dad in later years? See him more perhaps, there for him as his health deteriorated? Were you doing your bit or absent offspring? Maybe brother was in a good place to manipulate him, & took full advantage of that. I'm in that position with my mother, just not greedy enough to persuade her (& it wouldn't take much) to shaft my 2 lazy brothers.

Was this a proper will drawn up by a solicitor? If so & your dad was of relatively sound mind when he signed it (even if he had dementia he'd only have needed to show a good level of be lucidity & understanding at the time of having solicitors draw it up), TBH from the scant info so far, I wouldn't throw your £2k away trying to fight the unfairness of the distribution because I think you'll just be on a hiding to nothing, unless you can get some free legal advice on your chances first.

Good luck though.

If it was a DIY job drawn up recently then you have more chance of s challenge. I was my mothers attorney and I do know how easy it is for the person they rely on to influence there decisions.

SevenOfNine

wkdboi wrote: »

Thanks everyone for your input, I have this morning spoken with a legal team who work on a no win - no fee basis they said the final cost could be 80k but I would still stand to potentailly benefit 60/70k after fees so their going to undertake some investigations and let me know the findings

Be careful that you have a complete understanding of the words "no win, no fee". At face value it looks fine, just make absolutely sure it doesn't say in the small print that you could be liable for any COSTS awarded to the other side!

Good luck.

Yorkshireman99

wkdboi wrote: »

Thanks everyone for your input, I have this morning spoken with a legal team who work on a no win - no fee basis they said the final cost could be 80k but I would still stand to potentailly benefit 60/70k after fees so their going to undertake some investigations and let me know the findings

I must emphasise that no win no fee does not always mean no risk. I you lose you could still be iiable for the other side’s costs. Also note that you will be suing the estate not your brother, and the estate could be seriously reduced by those costs before you got your share. Above all you need to reach a low cost compromise.

Pennysmakepounds

It always amazes me how money causes SO much grief in families.


Money really is the root cause of ALL evil.