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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33817
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My question relates to UK Law in terms of an application for

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My question relates to UK Law in terms of an application for Deputyship for my mothers estate for financial affairs. I have made an application in absence of anyone else, my sister has objected to my application and put herself forward. As she is the natural person to make an application I have offered to her solicitor to stand down and allow her to be deputy. However her solicitor is now in process of coming back with a series of demands in terms of me paying her fees and also other conditions. We have until 23rd September 2016 to make a joint statement back to the court of they will rule on my application. I don't want to do the role now since my sister has put herself forward nor do I want the possible costs of court contesting etc. I never would have put myself forward had she taken the role but in open communication she said she didn't want to and that was final. The main question is can I withdraw my application to the court if we cant agree and suggest the court either accept hers or appoint an independent deputy.
Submitted: 6 months ago.
Category: Law
Customer: replied 6 months ago.
Following the courts directions. I wrote to my sisters Solicitor to offer my sister the role of deputy as she was unwilling to support me. In open correspondence , which I noted will be disclosed to the court, stated that whilst the respondants comments on my character and suitability are rejected ,I reminded them that as I applied as my sisters had stated that she was unable to take on this responsibility and , of course, in the best interest of my mother a deputy needed to be appointed to deal with the necessary administration of her property and affairs.Now my sister had objected to me does this mean she has now changed her mind and is able to accept this role and if so I am willing to withdraw my application on terms that she applies for the role and she pursues it. If she does then she has to undertake to the court to apply for the role ( that is if she has not already done so). Provided she proceeds I can notify the court of the agreement and ask them for further directions.Upon receipt of the letter attached from her solicitors. It is what I expected to be honest my sister does not appear gracious enough to accept I am stepping aside for her to do it. I expect that she will try to get me to pay her legal costs to date and at the same time get me to consent to a list of her demands associated probably with her taking up the deputy role. The deadline response to the Courts is looming (23rd September) and so I have a few questions;1. The opening statement in the letter suggests that I am stepping back because of the risk and costs of contesting going forward. This is not stated by me anywhere so should I go back and clarify the reason I am stepping aside because it should have always been my sister anyway?2. Secondly does she have a case for getting me to pay her costs and how and by whom would this be judged? Should I clarify now or wait for her set of terms and conditions it seems time is against me not her?3. The appended schedule of cost is identified and headed "Claim" is it normal to state this, the court asked for a schedule of costs?4. If we cannot agree to terms of settlement as her solicitor puts it Can I just state I no longer wish to do the role because my sister has come forward, and have offered for her to take the role but I cannot agree to it on her terms and will the court then revoke my application and either make someone independent a deputy or my sister?
Expert:  Clare replied 6 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

Have they confirmed that she is willing to take up the Deputyship?

Customer: replied 6 months ago.
I am attaching my letter to them and their response letter to me for clarity.
Customer: replied 6 months ago.
They haven't confirmed this but my sister confirmed through her objection that she would do so. However I believe my sisterwill try to attach a series of conditions including covering her legal costs to date. This would seem unreasonable to me given I put forward my app in good faith as my sister made clear she would not do so.Now she decides to do it after I have made application etc. My question is simply if I don't agree on conditions, but offer to make no objection to her application, can I revoke or withdraw my application so it does not go forward?
Expert:  Clare replied 6 months ago.

1. The wording reflects the point you made in your letter that this is a modest estate which needs to be administered

2. No she cannot claim costs from you - only from your mother's funds - as can you

3. Yes that is the way that is is presented

4. Yes you can withdraw at any time

I suspect that the understandable hurt you must feel about your sister's actions has made you very sensitive and because of that you feel attacked because of the very formal legal language used.

Please do not be concerned at this point - wait and see what "conditions" are actually made

Please ask if you need further details

Clare, Solicitor
Category: Law
Satisfied Customers: 33817
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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