frustrated and unsure of option

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  • pphillips
    pphillips Posts: 1,631 Forumite
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    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.

    The solicitor should be taking out indemnity insurance to cover the other side's costs, I would have thought this is standard practice but if in doubt the OP should speak to them about it. Judging from the brother's behaviour so far, I would be surprised if he now wanted to settle out of court but who knows. It would be great if the OP keeps us updated and tells us what happens.
  • pphillips wrote: »
    The solicitor should be taking out indemnity insurance to cover the other side's costs, I would have thought this is standard practice but if in doubt the OP should speak to them about it. Judging from the brother's behaviour so far, I would be surprised if he now wanted to settle out of court but who knows. It would be great if the OP keeps us updated and tells us what happens.
    Long before a case gets to court the parties will be expected to try some sort of mediation or arbitration. We can have no real idea of how the brother will react and to speculate on here serves no useful purpose to the OP.
  • wkdboi
    wkdboi Posts: 155 Forumite
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    so far nothing to update was rather ill over the new year so it delayed me getting paperwork done for solicitors, a caveat has been entered, althoug im unsure who put this in place as I didnt
  • wkdboi
    wkdboi Posts: 155 Forumite
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    Okay it has been a long 9 months since this endevour started
    So far the other side have offered £8,000 and £17,000 respectively


    If I take the £17,000 offer it will leave me with £5,000 after all my costs have been paid.


    However I don't feel this is justified as I am currently Unemployed and on ESA potentially won't be able to hold down a full time job ever and thus always relay on benefits system.


    I am also £4000 in debt through various issues with pets and other things i've had to pay for. so this would then leave me net of £1,000 am I wrong to disregard the offer and instead take them to court.


    At the end of the day even if I only get £20k from court and it wipes out their £400k share ... The way they have treated me over the last x years and the way they have handled this whole situation I feel that would be justified as they are wanting to send both their childern to university and set them up with their own homes,.


    Leaving me in Housing Association property and forever dependent on handouts, which I would rather have £10,000k buy a shared ownership


    and then have a further £10k to pay of debts and have a little bit of a security blanket.


    Lets hear all your wisdoms :)
  • SevenOfNine
    SevenOfNine Posts: 2,357 Forumite
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    Thanks for updating, it is interesting to read.

    However, I'm afraid this is going to sound very harsh, but things contained in your update have made me wonder whether there was a reason behind why your father may have lucidly & deliberately changed his Will in favour of your brother.

    You do sound as if you feel others owe you a lifestyle & living. An income &/or comfortable living accommodation, & what was once your father's money should pay for it!

    You've spent £12k trying to get a slice of it, have other debts of £4000, unable to work & stuck in a housing association house, all of which you seem to think your deceased father's money should bail you out of.

    It sounds particularly spiteful to want to wipe out the major share & to be perfectly frank if I was your brother, & indeed did not really need this inheritance to fund my own lifestyle, I'd make the £17k my final offer & let you attempt your worst. If it all ended up down the drain it's you who will have been taught a lesson. Left with even less than nothing, while brother will continue with the lifestyle he had prior to inheriting anything.

    Don't assume the court will side with you.
    Seen it all, done it all, can't remember most of it.
  • xylophone
    xylophone Posts: 44,341 Forumite
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    However I don't feel this is justified as I am currently Unemployed and on ESA potentially won't be able to hold down a full time job ever and thus always relay on benefits system.

    Would not a substantial inheritance affect any means tested benefits you receive?
  • Barny1979
    Barny1979 Posts: 7,921 Forumite
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    wkdboi wrote: »

    However I don't feel this is justified as I am currently Unemployed and on ESA potentially won't be able to hold down a full time job ever and thus always relay on benefits system

    Is this any of your relatives doing? If not, why the vendetta on them?
  • wkdboi
    wkdboi Posts: 155 Forumite
    First Anniversary Combo Breaker
    Barny1979 wrote: »
    Is this any of your relatives doing? If not, why the vendetta on them?


    Yes for the best part of 10 years I visited my father weekly, did chores for him and made sure he got out and about in the community, my brother and his family would see him maybe 1x a month sometimes less and its only when he went into hospital/required more care in his last 2 years of life that they got heavily involved hence why things are in their favour
  • Barny1979
    Barny1979 Posts: 7,921 Forumite
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    wkdboi wrote: »
    Yes for the best part of 10 years I visited my father weekly, did chores for him and made sure he got out and about in the community, my brother and his family would see him maybe 1x a month sometimes less and its only when he went into hospital/required more care in his last 2 years of life that they got heavily involved hence why things are in their favour

    Fair enough, sadly though I personally think you need to move on for your own wellbeing
  • HampshireH
    HampshireH Posts: 4,473 Forumite
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    This thread has been very interesting and the update caught my eye.

    What will you do if you reject their offer and then go the court. Then you lose or they take all offers off the table.

    Did you go no win not fee and does this apply if you reject the offer causing it to be revoked? You could have a significant legal bill and no way to pay it. This puts you in a far worse position.

    I really hope your legal team have been through the pros and cons of declining their offer.
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