Discussion
To cut a long story short I, along with my siblings am being sued over a will.
Now the person doing the suing is my father who believes his mother was unduly influenced into changing her will to name me and my siblings as beneficiaries. He has informed us that his serving of proceedings on us is just a technicality in his efforts to have the existing will put aside. He has informed us that we do not need to do anything and no response will be required by us. This follows on from his request previously that we defer our claim in his favour. Two of my siblings were not happy to do this so he is now doing the latter.
My question is:
I assume there will be a court date for the proceedings and if we do not attend any judgement will go in his favour. Does this mean that we will be waiving our claim on the estate?
I know we should get advice from a lawyer but TBH none of us can really afford.
Thanks in advance.
Now the person doing the suing is my father who believes his mother was unduly influenced into changing her will to name me and my siblings as beneficiaries. He has informed us that his serving of proceedings on us is just a technicality in his efforts to have the existing will put aside. He has informed us that we do not need to do anything and no response will be required by us. This follows on from his request previously that we defer our claim in his favour. Two of my siblings were not happy to do this so he is now doing the latter.
My question is:
I assume there will be a court date for the proceedings and if we do not attend any judgement will go in his favour. Does this mean that we will be waiving our claim on the estate?
I know we should get advice from a lawyer but TBH none of us can really afford.
Thanks in advance.
I'm no lawyer but I think it is the estate which will normally pay for a legal case relating to its distribution. If so you could all end up skint with lawyers trousering the lot.
You need advice, a short consulation to get some basic pointers is not so expensive. Don't take the word of the person suing you as to what you should do, that's suicidal!
You need advice, a short consulation to get some basic pointers is not so expensive. Don't take the word of the person suing you as to what you should do, that's suicidal!
Assuming you didn't exert pressure for the will to be changed in your favour, then it was the deceased's intentions that you should inherit instead of your father and you have a moral duty to make sure their wishes are met.
He may be your dad, but you are in the right and he isn't, so fight him all the way.
He may be your dad, but you are in the right and he isn't, so fight him all the way.
fatjon said:
I'm no lawyer but I think it is the estate which will normally pay for a legal case relating to its distribution. If so you could all end up skint with lawyers trousering the lot.
You need advice, a short consulation to get some basic pointers is not so expensive. Don't take the word of the person suing you as to what you should do, that's suicidal!
Three really good points here.You need advice, a short consulation to get some basic pointers is not so expensive. Don't take the word of the person suing you as to what you should do, that's suicidal!
, it's not like she decided to leave the lot to an animal shelter or something, your all family.
Did you in any way influence your Grandmother?
It sounds rather like, given his actions, that he is a p***k and your Grandmother decided he ought not benefit from her. I suspect he was estranged a while ago.
However, did he put in writing that "you do not need to reply" to legal proceedings?
If not, make a record of what was said, and when.
It sounds rather like, given his actions, that he is a p***k and your Grandmother decided he ought not benefit from her. I suspect he was estranged a while ago.
However, did he put in writing that "you do not need to reply" to legal proceedings?
If not, make a record of what was said, and when.
I'd wait for the court documents before getting worried. Unless there is strong primae facie evidence of undue coercion or that your grandmother was unfit to make a will no solicitor would advise taking this to court, well, not without a couple of grand upfront from your dad, who will also be liable for costs when a judge kicks this out of court.
konark said:
I'd wait for the court documents before getting worried. Unless there is strong primae facie evidence of undue coercion or that your grandmother was unfit to make a will no solicitor would advise taking this to court, well, not without a couple of grand upfront from your dad, who will also be liable for costs when a judge kicks this out of court.
ThisThe 'other' side of my family has serious issues and the in laws have written an incendiary will with the help of our local solicitors
I have been through it with them and they assure me that its watertight such as when they die and a particular party realises they have been written out there can be absolutely no chance of success if they decide to chase it through the courts
lee_fr200 said:
what a guy wanting to take his own kids to court over money!!!
dont ignore anything go get 30 mins free and see where you go from there
What lovely kids conning their dad from having their mothers estate, needed to keep him in his old age, anything left they'd inherit eventually. We simply don't know the full story so personally I don't think any of us becoming arm chair judges helps.dont ignore anything go get 30 mins free and see where you go from there
Your advice is however bang on.
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