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My brother or my father ?
My brother is undiagnosed but believed to suffer from NPD Narcissistic personality disorder. My father was recently diagnosed witth althzeimers both are at present considered well enough to make their own decisions and are considered mentally fit.
Who is giving you abuse, I understood it to be your brother? Have proceedings ever been brought civil or otherwise before against your brother please?
That answers whether or not he has capacity. Was there an injunction after the harassment case? If so how long did it last for?
You should report these further matters to the Police who can prosecute and seek a further injunction for harassment. Or you may wish to do this yourself via a civil injunction. You can seek protection under the Protection From Harassment Act 1997 and in particular Section 1 which states:
(1)A person must not pursue a course of conduct—
(a)which amounts to harassment of another, and
(b)which he knows or ought to know amounts to harassment of the other.
(2)For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.
You can apply to the County Court for an injunction and all you need to show is that on balance, is it reasonable to make the order. The Order can be for a fixed term (say 1, 2 years) or until further order. If he breaches the order then he could be fined or sent to prison or both for contempt of Court.
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Thank you for the reply. I was aware that I am able to take out an injunction and Im at present in the process of issuing a letter before action. My real question is . In the real world is the injunction useful in my case? Which type of injunction should I issue and as per my original question is there anything else I should be doing to protect myself from the lies and slander. He is manipulating my frail father with huge lies which will result in the loss of my inheritance if I can not stop him. Will an injunction protect me from my brother lying to my father and spreading malicious untruths? If my father was of sound mind and able to make good decisions this would not be a problem but he has been manipulated over a very long period of time to believe massive massive lies.
Yes an injunction would be helpful. You would seek a prohibitory injunction. You can not someone spreading lies by talking to people, you just can not because those sorts of proceedings would be very expensive £10,000 and are specialist. If your father is frail and he is taking advantage then you can seek protection of the Courts to stop him making any decisions which are not for his own benefit.
Are you a qualified solicitor who can issue an injunction? If so what are the costs involved? Is there a time limit on them ?
Can I get a an open ended injunction. Or is it limited to 2 years?
Injunction aside, I'd like to know what I can do to stop my brother's lies and slander from persuading dad that he should change his will to exclude me. I’m not entirely sure that there is a will in existence now. Dad has talked about having one but I think it might be a DIY will (not even sure it would have been witnessed as Dad is a bit slapdash on admin type things). My mother died 2.5 years ago and she didn’t have a will, which makes me think that dad has never been to a solicitor.
I am fully expecting my brother to have dad see a solicitor to make a will which excludes me. As I believe this will be done because Dad believes the lies about me, what can I do now to have a chance of contesting the will when he dies? Will the fact that my brother made a false allegation to the police, and that he has convictions for harassment, etc, be evidence that my brother is unsound and could have manipulated my father?
Whilst I know I can’t know what is in a will, is there any way in which I can find out if a will has been formally lodged? And if there is no will lodged with a solicitor and my brother produces a DIY one, I wouldn’t put it past my brother to have coerced dad into making it – or worse, falsify it completely! What, practically, can I be doing now to stop the whole estate going to my brother? FYI I don’t think it’s a case, yet, of my dad being mentally incapacitated, more that he is being hood-winked by a man who is very persuasive and manipulative.
Finally, Dad told me that my brother was looking into a way of protecting the savings in the event that dad had to go into full-time care. Dad is now telling me he doesn’t have enough to live on, which leads me to suspect that dad has been giving my brother cash to reduce his savings amount. Won’t this also be seen as trying to avoid inheritance tax but if it’s been given in cash there’s no trace (my brother wouldn’t put it in a bank).
The problem with slander is this - you would need to issue special proceedings in the High Court and if the matter was contested it would need a full jury trial. This means that you would need a specialist Solicitor to prepare proceedings, issue a claim and draft particulars, with a specialist Barrister to represent you in Court. The cost of this matter if contested would be in excess of £12,000 and if you lost you would have to pay the costs of the losing party, as per Court rules.
In reality it is difficult and you would need to incorporate matters into an injunction. That is the only way you can do anything and if your brother is taking advantage of your Dad the only legal way is to seek legal protection from the Courts. That is if your Dad is vulnerable as is being taken advantage of.
So on a more PRACTICAL level what is available for me in my situation?
I'm reluctant to close this question just yet as Im not sure your understanding my question. The harassment from my brother I have under control with the help of the police being aware, monitoring and issuing warnings as well as a injunction which I am proceeding with. The bigger problem is that he is manipulating the mind of my elderly father and i am expecting to be written out of the will. Dad is diagnosed with the early stages of dementia but medically well enough to make his own decisions albeit poor ones. Is there anything I can practically do to ensure Dad is not manipulated further? Can I prevent Dad from writing me out of the will ? Can I get a 3rd party/i.e a solicitor or any other service to oversee the decisions that Dad is making to help him make a wise and informed choice without the manipulation of socially and mentally dysfunctional brother?
Can any of the above be put in place even if Dad does not voluntarily ask for it.
Awaiting reply .