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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33311
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Clare, I am about to file a claim for provision under the

Customer Question

Hi Clare, I am about to file a claim for provision under the 1975 act. I am currently in the process
of gathering all the paperwork. I have a couple of questions.
1) I have a letter from my GP confirming my medical conditions but do not feel comfortable attaching it to my witness statement at this stage of proceedings. I have noted my conditions in the witness statement. Does the GP letter have to be submitted at this stage?
2) What is the fee for a non money claim in the county court?
3) Do I have to pay the £1090 multi track hearing fee if I am on benefits. I know you can apply for exemption for court fees but what about hearing fees? Thanks
Submitted: 2 months ago.
Category: Law
Expert:  Clare replied 2 months ago.

Thank you for asking for me

What is your relationship to the deceased

Customer: replied 2 months ago.
Deceased is my father
Expert:  Clare replied 2 months ago.

What was the extent of his Estate?

What was your relationship with him at the time of his death?

What provision, if any, did he make for you?

Customer: replied 2 months ago.
The estate is made up of one property but I have not been given any estate accounts. My relationship with the deceased broke down 8 months before his death when he found out about a relationship I was in. He did not make any provision at all.
Expert:  Clare replied 2 months ago.

How much was the property worth and who actually benefited

Were you in any way financially reliant on him at the time of his death?

Customer: replied 2 months ago.
I do not know the value of the property. I have no financial details of the estate. The beneficiaries are my three brothers, my mother and my eldest son.
Customer: replied 2 months ago.
I was not financially reliant on the deceased and that is not one of the grounds for my claim.
Expert:  Clare replied 2 months ago.

So what ground are you using - and have you not used Hoopla to get an idea of the value

Customer: replied 2 months ago.
The grant of probate states that the value is less than £124,000 but does not give an exact figure. My grounds are mainly based on my physical and mental health, lack of employment prospects and the reason for cutting me out being unreasonable.
Expert:  Clare replied 2 months ago.

Right

How is the Estate divided between your mother. siblings and son?

What the house not owned in joint names by your parents?

Customer: replied 2 months ago.
The estate has been divided into 8 shares. Mother 1/8, 3 brothers 2/8 each and my son 1/8. Property was solely in father's name.
Customer: replied 2 months ago.
Hi Clare,I have not had an adequate response. Please let me know if there is a problem and I will need to repost the questions. I just need to know about medical evidence, court fee for a non money claim and whether I have to pay the £1090 multi track hearing fee if I am on benefits. Thanks
Expert:  Clare replied 2 months ago.

My apologies I was offline unexpectedly over the weekend.

I have to be honest with you - your applictaion has little or no chance of success.

Your mother would have had an excellent claim had she wished to make one - and if you do make the applictaion then it is likely that she will make a similar application secure in the knowledge that she will succeed and you will have spent money and time on a claim that will fail.

However if you wish to go ahead nonetheless then the answers are

1. You do not need to submit the Gp letter - it will add nothing to your case in any event

2. £280

3. Again you can claim Exemption from fees

Be aware however that a costs claim can still be made against you

Please ask if you need further details

Customer: replied 2 months ago.
Dear Clare, thanks for the answers. Can you please pinpoint which information I have provided to you which has led you to conclude that there is little or no prospect of this application? That would be appreciated.
Expert:  Clare replied 2 months ago.

This is a small Estate.

Your mother would have been entitled to 50% of the property as of right - and the Court would be likely to award her the other half if asked to do so.

You were not financially reliant on your father

Customer: replied 2 months ago.
Hi Clare, my mother suffers from dementia and is not in control of her finances. My father only left her an eighth of the estate.
Expert:  Clare replied 2 months ago.

That would not change anything - she was entitled to all of it and those holding Power of attorney for her can make the applictaion immediately that you make yours - and hers will succeed over yours

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