I will try to assist you with this as it has been waiting some time.
What is the approximate value of your late husband’s estate?
Where are the ex-wife’s solicitors located?
What ultimatum has been given to the ex-wife with regard to bringing a claim?
Is she simply demanding money which she alleges is owed to her? On what basis is she saying that it is owed to her?
Has she given any indication of how much she wants?
Thank you. There are a whole load of practical difficulties for someone in Russia bringing a claim against someone in England. That isn’t to say that it can’t be done meanwhile, you would have to defend the wife’s claim which is going to cost you money even if you got a costs order against the claimant. If you did get a costs order against the claimant because you won in court and her claim failed, the chances are you getting that money from Russia are going to be remote in the extreme.
Unfortunately, because the English legal system is less corrupt than the Russian system the odds are waited in her favour.
There are a variety of ways of dealing with this.
Your husband may or may not have agreed to pay this money to her. She is probably chancing her arm.
My first suggestion would be to agree to pay her £5000 in full and final settlement. It’s going to be cheaper than going to court and is risk-free. I will say that if she went to court, I think it unlikely she would win but there is a chance. She is also not going to be able to enforce alleged maintenance payments going back 10 years.
Second suggestion: As the situation is at the moment, the solicitor could basically be hanging on to the money indefinitely. there is no reason why he could not distribute at least 50% of the money now even if he is worried about a claim. he needs to contact the solicitors and give them an absolute deadline to issue proceedings failing which he will distribute the estate. He appears to be being dilatory for some reason. If he does give an absolute deadline to issue proceedings and they don’t issue them, and he distributes the estate and they subsequently bring a claim against him, he can produce his correspondence that he acted reasonably with a view to getting the matter thrown out. He can’t just sit there and do nothing! If doing that, the solicitor would take out an indemnity policy on the off chance that they do bring legal proceedings which at least that he would be insured against.
Third suggestion: I don’t know what the Russian property is worth and there are certain practical difficulties in getting an accurate valuation and disposal and getting the assets, but it might be worthwhile offering to transfer the property to her in total provided she accepts that in full and final settlement.
Can I clarify anything for you?
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The solicitor will have professional indemnity insurance against professional negligence.
However this isn’t professional negligence insurance, this is insurance against someone bringing a claim as a result of a decision which isn’t negligent but may lead to litigation. It is a different thing. It is quite normal to arrange in circumstances like this. It is not usually that expensive believe it or not. Yes, I would ask him to get quotes from indemnity insurance because meanwhile, all this to-ing and fro-ing with correspondence is costing £200 per hour and the sooner you get this wound up, the better and it costs a few hundred or even a couple of thousand pounds for an indemnity insurance policy it’s money well spent and draws a line under everything. The last time I arranged with these policies, it cost hundreds not thousands.
I am glad to have helped. Please don’t forget to rate positive as that gets me paid. The thread does remain open.
Thank you for the update.
That is good news indeed. I am glad to have been able to help. Best wishes.
You would tick limited title guarantee if you have no knowledge of the property or full title guarantee you have knowledge of property. Difference between full title guarantee and limited title guarantee.
When a property is being sold, Full Title Guarantee implies that you have the right to sell the property that you will do all you can to ensure that the buyer has good title and that you are selling the property free from all charges and encumbrances other than those which would be discoverable on reasonable inspection from the title deeds or reasonable searches.
This latter part doesn’t apply if it’s limited title guarantee what you do guarantee that you haven’t created any adverse rights over the property you can’t speak for former owners.
That’s correct, and executor/personal representative would normally be transferring with limited title guarantee.