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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Hello - The Q you were kindly

Customer Question

FOR JOSHUA please - The Q you were kindly dealing with before (Deducting debt in brother's legacy - no probate - sisters co-exors, - I posted this up on the old Q on friday and was a waiting a a response - but think they locked it too early. Will look into special services you offer here thanks. You asked me for the exact words in letter attached to mother wrote " sadly true to say that in the past you did not always consider Dad and I , as you should have, and your gift reflects this." (hence the deduction but no mention it is for debt) and in the main will ...the sum of ..30k.... Just one final point - might be a precedent (read it) if a debt amounted to less that the legacy there was a presumption that the debt was excused and if debt more than then the reverse. Is that so ? Obviously words above give indication of poor behaviour which is not restricted to debt.

Will apply for probate as soon as - just tied up with discussing this with sisters (exors) - thank you. Things have moved apace since Friday - his solicitor say pay up by friday this week or they will start an action to remove me as exor and I will be responsible for costs - she mistakenly states I have plundered the estate to pay out the bens without probate - when it has been my own monies. She said they would have a strong case for removing me - She thinks he should be paid legacy I say ...legacy with deduction for debt. I have pasted your words incognito on gifting to her...waiting for a response. My sisters have not replied to their gifting my brother. On the gifting does it have to be pro rata to the number of bens or as you say full amount - can it just be a certain amount ? Will my brother have to pay costs if he starts this action and fails to have me removed. Hope you remember the old Q - The solicitor also wants me to bring to court all my parents past bank accounts covering the period - abut 12 years (surely not necessary ?). I have asked that he brings his proof of debt ! She is trying to frighten me and my sisters into submission with threat of costs - I could defend myself I suppose at this stage - I dont know what costs would be ? Rather a lot for you - thanks again !

Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 3 years ago.

Yes - but this is a continuation question that Joshua was dealing with. On the first Q after a lot of explanation he asked me a final few things - I answered on Friday. I then emailed customer service to tell them to lock the question when it was finished. I think they locked it then so that is why I was waiting in vain- after a few days I decided to aske the same end question in another ne Q and then told customer service why he had not replied on the first. They took that second question down and gave me a refund. I then I asked a third Q for Joshua. Is Joshua away, he would be ideal as it is complex and he knows about it and soI am prepared to wait for him but for how long a day or so. i have waited almost a week but it is urgent as I am facing legal action

Thank you

thank you

Expert:  Nicola-mod replied 3 years ago.
I understand. I can only apologise as I have sent this question to Joshua, but not had any response.
I will open this up to other Experts and hopefully we will be able to assist you.
Thank you for your patience,
Expert:  Nicola-mod replied 3 years ago.
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Customer: replied 3 years ago.

Best to close it - Joshua is probably on Xmas break. I requested a particular person I would have thought you would have had some schedule where you could see availability. Yes please close the question