How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I have previously had to use the courts against my mentally

Customer Question

I have previously had to use the courts against my mentally ill brother to protect me from his 12 year campaign of hatred and his constant attempts to make my life as awkward as possible. He has been to prision for harrasment against ex partners and He was found guilty in the case i brought against him via the crown prosecution service. He's been quiet for 5 years but recently his threats and abuse have started up again and he even tried to file a fictitious assault charge against me which the police promply dropped. His campaign of hate in the past included him writing to my clients including magaizine editors with wild allegations which were really embarrassing to have to deal with. He's written to Richard Branson to tell him my partner who works for virgin is a terrorist threat. He's written to the police to tell them i burnt a school down when i was 13 (obviously I didn't)
This needs to stop. He's been succesfull in convincing my elderly father with dimentia that Im am evil and should be written out of his will. My question is what can I do to protect my name , my sanity and my inheritance ? Would an injunction serve any purpose?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

AlexWatts2013 : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return. For now please let me know does he have capacity to make his own decisions or has he been judged to be unfit?
JACUSTOMER-rkvqp8qu- :

My brother or my father ?

JACUSTOMER-rkvqp8qu- :

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.

AlexWatts2013 :

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?

Customer : Yes brother is the abuser. He went to prison for harassing and breaching an injunction in 2005, I brought a Cps case of harassment against him in 2008 which he was found guilty. I believe others have made police complaints against him.
Customer : 2005 case was brought about by a previous partner of his
AlexWatts2013 :

That answers whether or not he has capacity. Was there an injunction after the harassment case? If so how long did it last for?

Customer : No further injunction to my knowledge
AlexWatts2013 :

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:

AlexWatts2013 :

(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.

AlexWatts2013 :

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.

AlexWatts2013 :

If this fully resolves your question then please take a moment before you leave and rate my service, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex

Customer :

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.

AlexWatts2013 :

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.

Customer :

Are you a qualified solicitor who can issue an injunction? If so what are the costs involved? Is there a time limit on them ?

Customer :

Can I get a an open ended injunction. Or is it limited to 2 years?

AlexWatts2013 : Sadly it is aganst the site rules for you to instruct me as I would love to help. The costs to instruct a solicitor would be about £1000 if not contested and £5000 if o tested. The Injunction can be limited for example 2 years or until further order, which means open ended. Alex
Customer :

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).

AlexWatts2013 :

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.

AlexWatts2013 :

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.

AlexWatts2013 :

If this fully resolves your question then please take a moment before you leave and rate my service, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex

Customer :

So on a more PRACTICAL level what is available for me in my situation?

Customer :

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?

Customer :

Can any of the above be put in place even if Dad does not voluntarily ask for it.

Customer : Still waiting for a reply please .
Customer : Still awaiting reply please
Customer :

Awaiting reply .

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice