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Legal, pensions and money

Can anyone explain what this means please?

(58 Posts)
Treetops05 Mon 31-Jul-23 20:27:55

My brother is fighting to claim my Mother's entire estate, but has said in a statement that...^The Claimant will appear by Counsel^. Does this mean for a disagreement meeting in August or for the entire legal court case?

Many thanks x

Treetops05 Sun 20-Aug-23 18:29:19

Also, if he could prove 1% of his claim we wouldn't be fighting.

Katie59 Sun 20-Aug-23 19:13:20

I’m wondering if 1000 pages of evidence and £77k legal costs is fiction, a bluff.

We are only hearing one side of the story, but it appears the estate is “intestate” and he is claiming part ownership without any documentation or occupation.

Germanshepherdsmum Sun 20-Aug-23 21:32:01

He assisted with the purchase of the council house, was a joint owner and paid the mortgage for a few years.

If he had not done so the house would have continued to be rented and would not form part of the estate.

It is clear that he surrendered his interest in the house on the understanding that your mother would leave the house to him in her will. The will was prepared at the same time as he transferred his interest in the house to her, but she didn’t sign the will.

No matter what you think of your brother and his behaviour the above seem to be the relevant facts.

I have set out above the financial facts over which you are fighting. It seems that two of you have no money to lose but your sister is talking of mortgaging her house to continue this fight. This is sheer madness. Your sister will be putting her home on the line just to pay lawyers’ fees. I have seen people wanting revenge who are happy to cut off their nose to spite their face but frankly, with such a small estate and with little or no evidence on your side, this takes the biscuit. For heaven’s sake accept what he has offered and be done with it.

Treetops05 Sun 27-Aug-23 21:50:31

The truth was he promised to pay the mortgage in exchange for the house. He did not pay the whole mortgage - he paid 3 years! Why should he get the house? 30 year mortgage, paid 3 and is entitled to the lot?? No way! End of sad

Germanshepherdsmum Mon 28-Aug-23 09:15:11

If he hadn’t taken the mortgage on that the house wouldn’t form part of the estate would it? And you wouldn’t be fighting over it. It’s clear from the timing that he surrendered his interest in the house on the basis of your mother’s promise to leave it to him when she died. I believe you are fighting a losing battle, and this small estate will only get smaller the longer you do so. As I have already said, what would you and your sisters do if the judge awarded him the house and ordered that you all pay his costs? That is highly probable. He has made an offer of £50k plus payment of his legal costs, which you have been driving up by refusing to accept what seems pretty obvious to me. He isn’t claiming the whole house despite my belief that he could. Whether you think so or not, his offer is generous. You are letting his having paid the mortgage for only a short time cloud your judgement. I have explained what promissory estoppel, which he is claiming, is - and here we have a very clear example of it.

pascal30 Mon 28-Aug-23 11:20:43

Germanshepherdsmum

If he hadn’t taken the mortgage on that the house wouldn’t form part of the estate would it? And you wouldn’t be fighting over it. It’s clear from the timing that he surrendered his interest in the house on the basis of your mother’s promise to leave it to him when she died. I believe you are fighting a losing battle, and this small estate will only get smaller the longer you do so. As I have already said, what would you and your sisters do if the judge awarded him the house and ordered that you all pay his costs? That is highly probable. He has made an offer of £50k plus payment of his legal costs, which you have been driving up by refusing to accept what seems pretty obvious to me. He isn’t claiming the whole house despite my belief that he could. Whether you think so or not, his offer is generous. You are letting his having paid the mortgage for only a short time cloud your judgement. I have explained what promissory estoppel, which he is claiming, is - and here we have a very clear example of it.

You are so generous and patient GSM ... I am impressed

Germanshepherdsmum Mon 28-Aug-23 13:07:24

Thanks pascal, that’s very kind of you. 💐