Discussion
TwigtheWonderkid said:
superlightr said:
seriously £40k! Just split it with your Dad. Its not enough going to make fek all difference long term but will help both of you short and long term emotionally if you split it.
I get the feeling a 50/50 split will not be enough to satisfy dad. Plus it was granny's money, and she didn't want sonny boy to get it, she wanted the grandchildren to get it. well if the 3 siblings wanted dad to have it, wouldn't they just let the will proceed, receive their 1/3 rd of 40k and then write 3 cheques out back to dad.
OOOOOOOOOOOOooooooooo familes
when my grandfather (on my father's side) died: my grandmother (his mother) changed the will and left all the properties and land to varying other family members instead.
Obviously, she never liked him. We think its because its likely my father was a product of a liasion between my grandfather and one of the maids. We never really knew, as did he unfortunately. So at 94 the old witch decided to still make her son's life miserable.
He did recover some of it, but what a battle. Not helped by some of it being within a communist country !
OOOOOOOOOOOOooooooooo familes
when my grandfather (on my father's side) died: my grandmother (his mother) changed the will and left all the properties and land to varying other family members instead.
Obviously, she never liked him. We think its because its likely my father was a product of a liasion between my grandfather and one of the maids. We never really knew, as did he unfortunately. So at 94 the old witch decided to still make her son's life miserable.
He did recover some of it, but what a battle. Not helped by some of it being within a communist country !
LordHaveMurci said:
TwigtheWonderkid said:
I get the feeling a 50/50 split will not be enough to satisfy dad. Plus it was granny's money, and she didn't want sonny boy to get it, she wanted the grandchildren to get it.
Once she has left it to them it's theirs to do what they want with.Has your father served papers on his brother?
Edited to add, I can't help but see the very, very sad irony in your father looking to somehow prove that his brother had wrongful influence on your grandmother by taking legal action against his own children and then exerting wrongful influence on you to try to fix the outcome of the legal action on a technicality.
Edited to add, I can't help but see the very, very sad irony in your father looking to somehow prove that his brother had wrongful influence on your grandmother by taking legal action against his own children and then exerting wrongful influence on you to try to fix the outcome of the legal action on a technicality.
Edited by JustinP1 on Thursday 22 September 14:12
walm said:
KevinCamaroSS said:
walm said:
From the OP it sounded as if pattie was happy to let everything go to Dad but the siblings weren't. If the siblings had agreed then it would have been absolutely fine to pass along the inheritance to someone else.
Not sure where you get this idea from?pattieG said:
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...
Sheepshanks said:
TwigtheWonderkid said:
Indeed, legally. But morally, they should be honouring the wishes of the deceased. IMHO.
That's the point isn't it - the father believes that they aren't the real wishes of the deceased, that she was leaned on to do something different?
ks but just wants the money anyway. pattieG said:
He say it is part of the proceedings against his brother to serve the rest of the beneficiaries as well.
So what? The fact remains that you and your siblings are now caught up in his feud against his brother and have to react to any court papers which may be served upon you, viz:Jasandjules said:
Finally, yes if you do not respond nor defend the claim then he can, within fourteen days of the claim being served upon you all, seek judgment in default i.e. he wins because no defence is put forward. Therefore his advice that "you do not need to do anything" is both wrong and potentially seriously misleading and certainly ought to be referred to the court.
^^This^^That said, a case of undue influence in respect of a will is much more complicated than a straightforward county court claim for money. He who asserts must prove. So it will come down to what evidence your father has to show that such influence took place. Mere belief due to wounded feelings is wholly insufficient.
You may find these links of interest.
https://www.kingsleynapley.co.uk/client-services/d...
https://www.kingsleynapley.co.uk/news-and-events/b...
http://swarb.co.uk/edwards-v-edwards-and-others-ch...
http://www.bailii.org/ew/cases/EWHC/Ch/2007/1119.h...
http://swarb.co.uk/schrader-v-schrader-chd-11-mar-...
http://www.bailii.org/ew/cases/EWHC/Ch/2013/466.ht...
The Schrader v Schrader case has distinct parallels to yours (albeit the facts will be different). Brother against brother.
I appreciate you and your siblings may be daunted by cost considerations but if your father is determined to press ahead you should all seek some professional advice. You may be able to get a free 30 minute session. There may be somebody on here who can help or point you in the direction of somebody with the relevant expertise.
pattieG said:
DanL said:
k, deep seated feeling will be tied up in this one. I don't know how much money is involved, or what your relationship with your father is, but you need to consider what you want as the outcome.
There will be people who can tell you whether you might win or lose, and that's good. There will be people who will give you opinions on the morality of each side, and that's fine too. What I'm going to do is point out the obvious: if you contest this with your father, it's very likely that it will ruin your relationship with him given that this seems to be tied in with whether his mother loved him or not!
If your relationship is already awful, or you don't care about it because you want the money, then by all means fight him. If not, be aware that this might cause irreparable damage to your relationship - for him, at the end it won't even be about the money but about proving some point to the world.
You've hit the nail on the head with how I feel about the situation. I don't want to ruin my relationship with my Father but equally I don't want to fall out with my siblings as this is unfortunately becoming a "sides" thing.There will be people who can tell you whether you might win or lose, and that's good. There will be people who will give you opinions on the morality of each side, and that's fine too. What I'm going to do is point out the obvious: if you contest this with your father, it's very likely that it will ruin your relationship with him given that this seems to be tied in with whether his mother loved him or not!
If your relationship is already awful, or you don't care about it because you want the money, then by all means fight him. If not, be aware that this might cause irreparable damage to your relationship - for him, at the end it won't even be about the money but about proving some point to the world.
Mark my words, there will be no winners here if he carries on with this. Also a sizeable chunk of that £40k will end up in the pockets of the legal profession. He needs a reality check. Is there anyone that knows him whose counsel he values who can give him one?
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff