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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8325
Experience:  Barrister at law
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For PLCLEGAL Peter, Following your advice previously given,

Customer Question

for PLCLEGALHi Peter,
Following your advice previously given, I have a draft of a contract between my brother and myself.Please could you read through and offer any suggestions.ContractIntroduction12/09/2021Following our last telephone conversation on 14/08/2021 at 8:59pm, you told me that you were advised to get a solicitor in relation to the money you believe you are entitled to. I ask you to remember that in a previous phone call sometime between November 2019 and early 2020, you told me that you did not want the money from our mother’s estate as it would affect your benefits.
When you said you did not want your share of the inheritance I understood that you were refusing this money on the grounds you had decided to keep your benefit payments.Later, you began requesting that I provide financial assistance to you. Multiple payments have been paid to you out of my own pocket. I have told you several times that it is against the law to accept money and not declare it to the Benefits Agency. It is your responsibility to declare any and all monies you receive.Due to your conflicting statements* and that you were advised to obtain a solicitor, I have sought my own legal advice. Since you did not want your share of the estate you were entitled to, this meant that the money reverted back to the estate and therefore passed on to me as the sole remaining beneficiary. Given that you disclaimed your inheritance, you could legally owe me all the money I have given to you. As a gesture of goodwill, I will not require that you repay me any money I have already paid to you.*Conflicting statements:1. Initially declining your inheritance share
2. Stating that you are still entitled to your inheritance shareThis is a contract between ***** ***** of***** Jarrow, NE32 5BZ and Gor***** ***** of 18 Monkton Hall, Hebburn, NE31 2RH to formalise and clarify the verbal contract already in place as per the terms below:Terms
1. You agree that between November 2019 and early 2020 that you verbally disclaimed your share of the inheritance from our Mother, Maureen Theresa Patterson’s estate.2. If you do not sign this contract I will take this as you are being disingenuous about the verbal contract outlined in Term number 1.3. If you do not respond in 7 days I will be left with no option but to accept your lack of contact as agreement to Term number 2***** *****_________________________________ Date___________________________Gor***** *****____________________________ Date____________________________
Submitted: 13 days ago.
Category: Family Law
Expert:  plclegal replied 12 days ago.

Good evening and thank you for requesting help with your legal issue, I am happy to assist. The moderators alerted me to your request for help. I am a family law barrister and will be able to assist you.

I will not be able to respond in full this evening, as I have already finished work for the day. I hope that you don't mind waiting for a response until the morning, when you will have my full attention.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

Thanks for your understanding, Peter

Expert:  plclegal replied 12 days ago.

Good morning.

Yes the document as set out explains the position in accordance with the narrative you explained previously.

It gets a little confusing at the end, and you can't imply acceptance of the terms through lack of contact I'm afraid, so the last point needs to go in my view.

You also don't need the 'conflicting statement' part. Your argument is that he declined his share. Any assertion that he was then entitled to his share is mistaken given that he refused the inheritance at the time of probate.

Other than this I am of the view that it is to the point.

I trust that this assists?

Customer: replied 12 days ago.
Hi Peter, I will make the changes you suggest, I did think it was a stretch to assume acceptance through failure to respond.I am 95% sure that he will not respond or strongly disagree with the contract, in which case he will have to pursue legal action. I suspect that any solicitor would be reluctant to represent him though, as he has always been strongly reluctant to declare the monies to the Benefits Agency. I would be most grateful if you could respond to this.Many thanks.
Expert:  plclegal replied 12 days ago.

Happy to help. The issue of his rejection of his inheritance and the possible benefit fraud are separate issues legally, and this would not prevent him from obtaining representation. Though how he would pay for this is another matter perhaps.

I hope that clarifies the point.

Customer: replied 12 days ago.
Ok yes that is clear Peter. Many thanks for all your help.Best regards,Ian.
Expert:  plclegal replied 12 days ago.

My pleasure.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Expert:  plclegal replied 9 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter