Crosswords1 min ago
Court Case
I have been issued with court papers. No letter of intent. My sister is demanding I give him 50% of an amount my late mother gave to me 3 years ago! Sister is now demanding I financially abused my mother into giving me this money, she is claiming elderly abuse and coercion and even accusing me of forcing mums signature. She has told the court that she has Grant of Representation, she hasn't I have. Mum died intestate and there is very little money in the pot. I will appoint a solicitor for my defence but as she has lied re the Grant can this go against her.
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Do you have paperwork to prove you have the grant of representation? If so just send a photocopy ( NOT the original) to the solicitor / court who sent you the court papers. Do not get your own solicitor involved as it will cost you a lot of money. They charge £50 to £200 just to send a letter! which you can do yourself.
Problem solved!
Her solicitors can not proceed once you have produced the paperwork and proved your sister is lying!
I would phone them , explain the situation then Fax them a copy of your documents. They will have no option but to drop the case and warn your sister she is committing an offence if she tries to continue.
DO NOT get your own solicitor !! all it needs is for your sisters solicitors to see a copy of your Grant of Representation and they will have to drop the action.
Her solicitors can not proceed once you have produced the paperwork and proved your sister is lying!
I would phone them , explain the situation then Fax them a copy of your documents. They will have no option but to drop the case and warn your sister she is committing an offence if she tries to continue.
DO NOT get your own solicitor !! all it needs is for your sisters solicitors to see a copy of your Grant of Representation and they will have to drop the action.
what court papers are they ?
I agree with not appointing a solicitor ( yet )
I also would send a copy of the grant of representation to your sister's solicitor and ask what grounds she is demanding money
in terms of showing elderly abuse etc - she has to show it and not that you have to refute allegations .....
I agree with not appointing a solicitor ( yet )
I also would send a copy of the grant of representation to your sister's solicitor and ask what grounds she is demanding money
in terms of showing elderly abuse etc - she has to show it and not that you have to refute allegations .....
It really is not that simple as to send a copy of the Grant to the Court or her solicitors. If court papers have been issued this means either the claim form has been issued with particulars or particulars will follow within 14 days.
Uncletom will need to seek advice about putting in a sensible defence to these papers. If all he does is send in the Grant he could damage his case. Furthermore, it is not unknown for the Probate Registry to issue a duplicated Grant erroneously (only 6 weeks ago I had to most unholy mess to unravel in a similar case). Uncletom should see a solicitor who specialises in this area pdq.
Uncletom will need to seek advice about putting in a sensible defence to these papers. If all he does is send in the Grant he could damage his case. Furthermore, it is not unknown for the Probate Registry to issue a duplicated Grant erroneously (only 6 weeks ago I had to most unholy mess to unravel in a similar case). Uncletom should see a solicitor who specialises in this area pdq.
I have to say, I thought your sister may be unrepresented because something sounded "wrong". The first issue she'll have is jurisdiction. This is probably a High Court case. I cant say for sure.
If you have a defence drafted by a solicitor that's good. Unfortunately, there will not be anyone available in Court to assist you. I suggest you ask you solicitor to instruct local counsel. (or you could instruct local counsel on a direct access basis). It will be cheaper to send a junior barrister than have your solicitor attend.
Do not worry about her having a MF. They have no rights of audience and can only assist your sister with paperwork, but cant actually say anything.
Sounds to me like you have this pretty much in hand! It'll be a few weeks before you get a date but check back and let us know how you got on.
If you have a defence drafted by a solicitor that's good. Unfortunately, there will not be anyone available in Court to assist you. I suggest you ask you solicitor to instruct local counsel. (or you could instruct local counsel on a direct access basis). It will be cheaper to send a junior barrister than have your solicitor attend.
Do not worry about her having a MF. They have no rights of audience and can only assist your sister with paperwork, but cant actually say anything.
Sounds to me like you have this pretty much in hand! It'll be a few weeks before you get a date but check back and let us know how you got on.
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