Letter Before Action

JoJo445

Hello SadCodeMan,

Thanks for your comments.
"If they win, the estate pays the legal costs and there is (potentially) nothing left for them to inherit."

-- if they win, would it not be the other party (myself) that would have to pay the legal costs?

SadCodeMan

That was @sheramber's point I think. The suggestionwas that you would be representing the estate as the executor and so costs would be awarded against the estate rather than you personally?

It sounds a very reasonable asertion though.

In a different world where the executor was a set of solicitors, I would not expect them to foot the cost if this action was brought? (or, even just to ceed the case because they did not want to run the risk)

I should say though, I am definitely not a legal expert! I was more clarifying what I understood by her comment.

(Though if there really were some dishonesty at play, I guess that would be a different issue)

Marcon

JoJo445 said:

Keep_pedalling said:

JoJo445 said:

There is a permanent caveat on the estate and probate has not been granted.

That requires a courts to remove it you really need to take legal advice on how to proceed. 

Yes, I have had legal advice on and off throughout, especially at the beginning. Unfortunately, I cannot afford a Solicitor anymore so I am now navigating it alone.

The only thing I wanted advice on was whether I had a right to ask for an updated letter of claim (advice now received on that, thanks!) and whether I can push back on the undertaking I have been asked to provide (please see my earlier post). I think it is unnecessary to ask this of me as no-one is allowed to sell, transfer, or otherwise dispose of any property or other assets of the Deceased’s estate (including myself) until probate is granted. That in itself should be sufficient in my opinion, but I was interested in other opinions on this too.

Thank you

You don't need opinions, you need facts. Get some advice from someone who has the knowledge to provide it (free): https://www.lawworks.org.uk/legal-advice/individuals/access-law-clinic

JoJo445

Thanks Marcon.

JoJo445

SadCodeMan said:

That was @sheramber's point I think. The suggestionwas that you would be representing the estate as the executor and so costs would be awarded against the estate rather than you personally?

It sounds a very reasonable asertion though.

In a different world where the executor was a set of solicitors, I would not expect them to foot the cost if this action was brought? (or, even just to ceed the case because they did not want to run the risk)

I should say though, I am definitely not a legal expert! I was more clarifying what I understood by her comment.

(Though if there really were some dishonesty at play, I guess that would be a different issue)

Thanks SadCodeMan