Can Legal costs be reclaimed for family disputed will

SpanishLady1

Keep_pedalling said:

SpanishLady1 said:

A live in carer challenged the will by refusing to leave the house saying that they were promised that they would be able to remain in the house and had witnesses to testify this. It never got to court as we reached a settlement with the carer just before it reached a court trial and this is how we racked up a £20k legal bill. The sibling that walked away did so because they didn’t believe we would ever reach a settlement. And now we have, the sibling wants all their money without contributing to the £20k legal fees we have incurred through no fault of ours. 

Thanks for the explanation, I guess because the one who walked away was not party to the agreement that they are not responsible for the bill, although it’s difficult for me to grasp how an agreement could be made without their consent.

The one that walked away did agree to the settlement as that was the only way we could proceed.

SpanishLady1

TBagpuss said:

I think you need to peak to your solicitor and ask why the legal costs are not being paid out of the estate before it is divided, which would be usual.
The estate would then be divided after those costs had been deducted so the net estate would be smaller, and the amount payable to each beneficiary smaller, than if the will had not been challenged.

If the solicitor is saying that the costs cannot be taken from the estate then I think you need to ask them for an explanation as to why - it is possible that the terms of the settlement are relevant - was it something all beneficiaries had to agree?

All our legal costs re probate were deducted from the estate but then we were passed over to another  solicitor firm to deal with defending  the estate and that was when we had to start paying the legal fees from our own pockets. It is this solicitor who said that we cannot get the fees of the sibling who walked away unless he volunteered to pay them which they have said no. The sibling who walked away did agree to defend the will but walked away. 

74jax

Is the 90k including the house? Is this now sold or do you need to wait for this to be sold once the carer has left? 

SpanishLady1

The house is now sold and we will shortly receive the funds to be shared out amongst the 4 siblings. We want to deduct the £32k 1st and then share out.

Ganga

SpanishLady1 said:

The house is now sold and we will shortly receive the funds to be shared out amongst the 4 siblings. We want to deduct the £32k 1st and then share out.

I thought the legal bill was £20k ? why now £32k.

SpanishLady1

Ganga said:

SpanishLady1 said:

The house is now sold and we will shortly receive the funds to be shared out amongst the 4 siblings. We want to deduct the £32k 1st and then share out.

I thought the legal bill was £20k ? why now £32k.

Sorry my error. £20k are the legal cost we have incurred. 

SpanishLady1

anybody  else anybody else with advise please.

Pennylane

SpanishLady1 said:

anybody  else anybody else with advise please.

no advice SpanishLady1 - just sympathy really.  It is shocking how solicitors fees stack up so quickly and they really are the only winners in situations like this. 😢

SpanishLady1

PennyLane. Thanks for your thoughts. 

I would still love to hear if anyone has experience of a similar situation. I have a Citizens Advice Bureau appt next week which I am hoping will help. 

mjm3346

They didn't want to incur any more expenses and withdrew from the action so why should they have to pay any costs that occurred after that?