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1. You are right to be worried. The sad fact is that when parties go to war over a will, very often, the court will make an order whereby the legal expenses of the parties will come out of the will. Accordingly, it is absolutely imperative that you seek legal representation in the case when the issue of legal costs arise so that you may argue that each party bears their own costs and costs are not taken out of the estate to the prejudice of yourself and your sisters. There is no need to attend for the full hearing, but merely seek attendance for a barrister or solicitor on the issue of costs. This is particularly acute when your legacy is small and not a specific legacy, as the costs generally come out of the residue of the estate ie the money remaining after the specific gifts have been given out.
What is meant by specific gifts?. My father has left small cash amounts to his 8 grandchildren and specified that the rest of his cash is for myself and my two sisters. my brothers inherit a caravan site large farm house and orchard pour 100 acres of farming land which we do not dispute. how can it be that they can waste our inheritance on fighting each other?
ok thanks for info. what are the chances of our success in stopping expenses being taken out of our inheritance if we appoint someone to act for us to state our case?. It seems one brothers solicitor suggests the judge may make the second brother pay because of his unreasonable behaviour?
It has been suggested that because the money and the cottage we have been left between us is not part of any dispute we may be able to ask for the sisters share to be released now before any other proceedings. Is this correct?
It has taken a long time but things are progressing. we are informed that the court application has been made whereas one brother is suing the other. we are also informed that both brothers have had to pay their costs in advance . it seems they still refuse to pay the sisters and are keeping our money until litigation is completed. why would this be so when both brothers state they have and will bear all costs. will there definitely be a case or can the judge decide the rights and wrongs? Mediation has been ruled out because not only do the brothers not speak to each other but neither will concede. There is also a case building by both brothers solicitors against the will maker for negligence as they have admitted in writing via a letter to myself that there are various interpretations of the will.?. any thoughts?