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RJM Law, Lawyer
Category: Property Law
Satisfied Customers: 3778
Experience:  LL.B (Hons)
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I want to take my father to court as he tricked me into

Customer Question

hello I want to take my father to court as he tricked me into signing a deed of appointment and a restriction that 50 percent of proceeds of my late mother away, he told me I was a witness. I cant afford solicitors and I need to take him to court myself as the value of the restriction was £160.000 however I don't want to claim money, just the restriction so can I claim at small claims court and piut nil for value of claim
JA: Where are you? It matters because laws vary by location.
Customer: shropshire
JA: What steps have you taken so far?
Customer: I want to place a restriction back on his new property to retain my asset my mother left a no win no fee solicitor was going to sue his solicitor but the barrister said my father is the party that needs to be sued Ive emailed my fahter and wrote to him and he ignores me, I hold texs and letters he sent to solicitors and he tried to make a fake will
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: he also tried to cover himself by making up a DIY will, the lady who signed it said she signed it blank after my mother died and he frauded it, she thought he was using for his own use
Submitted: 15 days ago.
Category: Property Law
Customer: replied 15 days ago.
Helo just to confirm i live in Shropshire UK
Expert:  RJM Law replied 14 days ago.

Hello, and thank you for choosing our service today.   I am the expert who shall assist you with this matter today.

Please note that our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.  If you do not receive a response immediately, please be advised you will receive one by the end of the day

I will be able to provide you with guidance in relation to your question.  However please note this does not form a professional client relationship and we cannot provide representation, however, I would be hopeful that my guidance will be able to assist you.

Thank you

Customer: replied 14 days ago.
Hello thank you
Customer: replied 14 days ago.
No email is fine thanks
Customer: replied 14 days ago.
Hello I havnt received a reply to my email
Expert:  RJM Law replied 14 days ago.

Thank you for the question.  Unfortunately, you can only use the small claims action for claims up to £10k.  If this was done by a legal order, you can use the form N244 to look at having an order set aside.    In order to be successful in this matter, you would need to provide evidence to show you signed the agreement under duress.  This can be quite difficult to do, and you would require going over the burden of proof to be successful in your claim.  It would really come down to what evidence you must show that you did this under duress or were tricked into doing so.   If you are unable to afford a solicitor you could do this yourself, however at very least I would advise having the case assessed to understand your legal position.   If you can show you were tricked or did so under duress you could be successful in your claim.   I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area.  This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows; (England) (Scotland) (Ireland) (N. Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

Customer: replied 14 days ago.
Hello thank you for your reply - we hold a lot of proof as my husband and father-in-law was here at the time and also my dad has since tried to make a fake will and also forced my husband’s signature in the file paperwork on a previous occasion
The question really is that because I can’t afford solicitors I want to go to court myself - I am not claiming money I just want the restriction placed back on the house he has rebought - which form would I fill out if I’m not claiming any money
Expert:  RJM Law replied 13 days ago.

If you feel you have the proof to show it was under duress, you could have this changed, there doesn’t need to be a monetary claim.

Customer: replied 13 days ago.
Hello thank you how can it get it changed without a claim please
Expert:  RJM Law replied 12 days ago.

Unless they are willing to agree, you would require a court order.

Customer: replied 12 days ago.
Thank you. So I will need to obtain this order and I need to take my father to court myself- so which court form would I fill in please when I do this as I’m not asking for money. - I want to get a court order to place the restriction back on his new property
Customer: replied 10 days ago.
Hi there has my question come through
Expert:  RJM Law replied 8 days ago.
To settle a dispute you will want to complete form N1 however there will be more to this process if you are also looking to place a security over the property.  It would be advisable to instruct representation.
Customer: replied 8 days ago.
Hello i can’t afford representation that’s why I am asking for advice. Could you please explain the process as I need to do myself , I am a occupational therapy student and can’t afford- could you explain what more to the process there is please