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Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33325
Experience:  family solictor with 25 years experience
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Can you help me fill in a N16A General form of application

Customer Question

Can you help me fill in a N16A General form of application for injunction
regards
Submitted: 1 year ago.
Category: UK Law
Expert:  Clare replied 1 year ago.

HI

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Could you explain a little more about the circumstances please

Customer: replied 1 year ago.
Hi Claire I have tried to use you three times and i will be honest you have never go to answer but here goes.The basics is I was living with my dad who died in dec 2015 I had moved in in July too look after him.
Me my two children 6 days a fortnight and my brother live at my dads house. Me for just over a year my brother on and off for 20 years. I did not pay rent but did odd jobs around the house. My brother occasionally paid rent but also did jobs for my dad.
Me and my siblings I have a sister as well had thought my dad had no will and tried to get representation from probate.
Near the end of this proceeding a will turned up in which my dad left everything to an ex partner (Nora) written in March 1997 My dad had told us that he had written this under pressure from Nora when my mum got brain cancer she died in July 1997.
Dad also told us he had rescinded this will.
Nora has changed the locks twice and is trying to get me out the house as wants to sell. She issued me with a notice to determine licence that ran out on the 12th October.
Nora has not taken any further court proceeding as believes me and my brother are excluded occupiers.
I have been advised that she should take me to court but she is just doing her own thing and ignoring that. Nora is trying to sell the house next week and I would like to apply for an injunction to stop this happening. She is also harassing me changing locks, saying i have caused criminal damage and today sent an email to a solicitor saying basically that we had killed our father.
regards
Zitta
Expert:  Clare replied 1 year ago.

Have you challenged the Will?

When was Probate Granted?

Customer: replied 1 year ago.
I have not challenged the will a solicitor recommended we took out a inheritance case on a no win no fee basis he pulled out this morning saying he spoke to a barrister who said we would probably win the injunction but wasn't sure about the inheritance case. So just trying to sort this injunction and then find another solicitor. I think the other one just found it too difficult as Nora is very difficult Probate was granted in the 20th October
Expert:  Clare replied 1 year ago.

I though you said the Notice was issued on 12th October - before the Probate was granted?

I assume you checked exhaustively for another Will?

Customer: replied 1 year ago.
the notice was given before probate and we have lots of unsigned wills! All saying about the same thing there is no other.
Expert:  Clare replied 1 year ago.

Where were you living prior to moving in with your father?

Customer: replied 1 year ago.
At my sisters house and before that my ex partners house
Customer: replied 1 year ago.
i would do live call but it wont let me because i am in the uk i think
Expert:  Clare replied 1 year ago.

We can try that tomorrow if you would like

In the mean time did the lawyer who advised you that you were NOT excluded occupiers explain why he or she believed that?i

Customer: replied 1 year ago.
tomorrow would be good, no! I have asked that question a lot it's very frustrating no body seems to have an answer. Chat tomorrow then or call if possible thank you
Expert:  Clare replied 1 year ago.

I disagree with your solicitor.

I think you have an excellent chance of succeeding with the Inheritance Act Claim - but less chance of getting an injunction

There is no Tenancy and you have no legal right to live in the property - which makes you an Excluded Occupier - or will do when proper notice is served after the Probate has been granted.

This is why I asked if the person who advised you of the opposite had explained the basis for the advice!

I am of course happy to opt out so see if someone else can come up with a reasonable justification for such a claim.

However I do believe you have an excellent chance of succeeding in either an Inheritance Act Claim - Or potentially a claim in Proprietary Estoppel

http://www.lawgazette.co.uk/law/legal-updates/probate-proprietary-estoppel/5046559.fullarticle

The estoppel case will be on the basis that your father promised that you would be safely housed if you can=me and looked after him and you acted on that basis

You can read more about Inheritance Act Claims here

http://www.lawgazette.co.uk/news/benchmarks-procedural-provisions-for-inheritance-claims-procedural-aspects-of-applications-under-the-inheritance-provision-for-family-and-dependants-act-1975/21729.fullarticle

Within an application for either claim you could certainly apply for an Order allowing you to remain in the property whilst the case is ongoing.

Realistically I do not think you and your siblings will receive all the estate so negotiations with Nora will be necessary

Please ask if you need further details (or would like me to opt out!)

Customer: replied 1 year ago.
Hi oh the legal world is a mine field hey. Yes I recognise that I really have no right to stay. But would really like her to follow due course and take me to court. She has been offered a deal but refused twice in fact did not even reply thank you. Zitta
Expert:  Clare replied 1 year ago.

Then get the application is an soon as possible!

Customer: replied 1 year ago.
I would like a second opinion on whether i am an excluded occupier or not
kind regards. How would I go about getting the injunction do you recommend anyone?
Kind regards
Zitta
Expert:  Clare replied 1 year ago.

I shall opt out and let someone else deal with the question - i hope all goes well

Customer: replied 1 year ago.
thank you

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