Court Case

uncletom6 | 21:38 Fri 24th Jun 2016 | Civil

20 Answers

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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EDDIE51

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.

uncletom6

Question Author

Thanks Eddie51 yes i have the paper work

murraymints

I agree with Eddie...pre empt the case with a copy of the papers brought to the attention of the court...she could be in trouble for contempt ?

EDDIE51

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.

EDDIE51

If you have a problem Faxing the document take copy's to your local public library they will Fax it for you at a cost of 15p a page ! Or just photocopy it and post the copies .

woofgang

Even though they are only copies its worth posting them special delivery. they will get there quickly and someone will have to sign for them proving they arrived at the office.

Peter Pedant

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 .....

Peter Pedant

// but as she has lied re the Grant can this go against her.//

it is not so much as she has lied
as she has no grounds for making the claim without the Grant
as she is not an administratrix of the estate

Barmaid

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.

Peter Pedant

thx bam bam you are the best....

damn I thought you wouldnt say - call in the lawyers asap ....

uncletom6

Question Author

Thank you. I have instructed a solicitor who has written me a very good defence. My sister is representing herself, she has not instructed a solicitor.

uncletom6

Question Author

On the day of a preliminary hearing if you are not represented by a solicitor are there court duty solicitors on hand who give free legal advice on your case?

Peter Pedant

erm not when I was in court for a variety of things
there were a few hanging around for a two-guinea brief as they used to say 200 y ago and I wouldnt use one of them considering what Barmaid who specialises in these things has just said

uncletom6

Question Author

I wouldn't use one but I have a feeling my sister may or may even appoint a McKenzie friend.

Barmaid

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.

uncletom6

Question Author

Thanks Barmaid, your bang on, solicitor is instructed a junior barrister, and the date to attend court is 1st August. I will keep you posted.