No win No fee Claim

[DB1958xx63]

One of my family has taken out an inheritance claim against a will that left him already a substantial amount,

he has slight brain damage but manages to take holidays abroad, gamble, drink and play golf a lot.

 

He claims he was maintained when in reality he borrowed money off most of the family and didnt pay it back, he wants the entire estate.

 

His entire statement is a web of deceit, he has exaggerated his health problems, not submitted any financial outgoings or medical records and yet STILL we are paying to defend this, which is costing us ££thousands.

 

How does the legal system allow this to happen? Can somebody explain this to me please?

[honeybee13]

Hello and welcome to CAG. People should be along later with advice for you, but as it's the weekend it will be a bit quieter.

 

What legal advice have you had so far please? If you're defending, I imagine there's a lawyer involved?

 

Best, HB

Edited February 10, 2018 by honeybee13
Typos

[BazzaS]

One of my family has taken out an inheritance claim against a will that left him already a substantial amount,

he has slight brain damage but manages to take holidays abroad, gamble, drink and play golf a lot.

 

He claims he was maintained when in reality he borrowed money off most of the family and didnt pay it back, he wants the entire estate.

 

His entire statement is a web of deceit, he has exaggerated his health problems, not submitted any financial outgoings or medical records and yet STILL we are paying to defend this, which is costing us ££thousands.

 

How does the legal system allow this to happen? Can somebody explain this to me please?

 

Why does it allow what to happen?

 

Allow him to make a claim on the estate? Because otherwise people MIGHT be cheated out of their rights, so it is only just they can raise a claim.

 

That you have to pay for a solicitor? Because, if his claim is baseless, you can recover those costs (and if he is impecunious, you should seek advice from your solicitor about 'security of costs'.

 

That he can proceed under a 'no win, no fee' arrangement ; because he will have to pay for insurance against losing his case (and having costs awarded against hi)'. The insurance covers the risk of losing (but the insurers might void it, and go after costs against him, if he:

a) loses, and

b) they find out he has lied, if he has been fundamentally deceitful from the outset.

[DB1958xx63]

I apologise, I will try and elaborate.

 

He submitted a statement which contained NO evidence of his medical needs, finances whatsoever.

 

His NWNF solicitor (incidently a one man band professional accident claim website) Submitted nothing but an exaggerated costs budget that came to £250k.

 

However, we have submitted his consultants letter stating he is fit to drive.

His JSA claim plus various social media posts where he manages to holiday abroad alone,

live a very active social life that does not befit a man on benefits,

along with various abusive text messages he sent once probate had been granted.

 

Incidently he also openly admits living on benefits and claiming housing benefit while not declaring £40k received.

 

The "Allow" question is that should a solicitor not obtain concrete facts and evidence that his client is being truthful before making a claim?

 

Also, what is "security of costs"?

I understand if he fails he will be liable for our costs, will they be extracted from his share of the estate or would he be billed for them?

[BazzaS]

The "Allow" question is that should a solicitor not obtain concrete facts and evidence that his client is being truthful before making a claim?

 

A solicitor represents their client.

In certain circumstances a solicitor is under an additional professional obligation, such as:

Anti-money laundering (where they can’t take a client “at their word”, and need to see evidence such as a passport), or

A duty not to mislead the court (where if they become aware they are being asked to lie, they can withdraw “for professional reasons”)

 

The duty not to mislead the court doesn’t mean the solicitor has to hire a private detective and “fact check” everything the client tells them before presenting their client’s witness statement to the court though.

It is the client who bears the responsibility for the “statement of truth”.

 

Focus on facts, highlight where you can prove the other is misleading the court.