If my brother gets a lawyer to write to me am I liable to pay for that letter?

Question

My mum recently died and after all expenses were taken out there was an estate left of roughly £4000.

The will stated that it was to be left to myself and my brother but worded as 'X, Y Z,' meaning to be left between myself and my brother and his wife ie half and half.

My brother is saying no it meant to be a third each. Now my mother wasnt good at english and was elderly and the whole family knows she didnt mean that but he is out for all he can get. My mother hated my sister in law and my sister in law hated her so she definately wouldnt have left her her own share.

My brother is threatening to get a lawyer to write to me and is saying that if that happens then I will have to pay for that letter and any future correspondence. Is that the case? Were only talking a difference of about £1,000!!

Answer 1

You don't have to pay for anyone.  However, the estate will have to pay and that will diminish the value of the estate.  The language of the will controlls and it can sometimes be tricky, especially if it wasn't drafted very well.  If the will mentioned three names, it is probable that a court will construe it to mean an equal share to each of those three people, but it could turn on such subtleties as the placement of a comma.

Answer 2

no you don't--he is trying to bully you---if the will is puncuated like you say---X, Y Z,: then i see your point  50/50---if it had been X,Y,Z, then that might be different---to me it's where the coma's are that's important

Answer 3

X, Y+Z means 50-50.  Secondly, lawyers usually charge their clients, if your brother wants to give his share to a lawyer, that is his choice---all you want is 1/2 and he can do with the rest as he pleases.

I've gone through something similar and the bitter price my sister is paying is that I never talk to her---I let her have it, but then I turned my back and that was the end of it.  She was crying when she saw me again--but even that didn't help, because if she is capable of cheating me out of my share, then she is capable of cheating me out of everything--why would I want to deal with someone like that?  So take your share, and let your brother pay for the lawyer---because you are not the one who hired a lawyer, therefore you don't have to pay one.  But keep in mind how your brother is.....he'll pay a bitter price, that's one thing for sure....

Answer 4

Tell him to split the cash 50-50, and that you're not paying for his lousy attorney fees or any postage.   Tell him you're drawing the line on his cheapness, and you'd rather pay an attorney all of your inheritance, than give your sis in law one schilling.  If your brother is a real cheapskate, he will back off, because he knows the attorney is going to end up with everyone's money.  Life is a lot like poker.  Sometimes you have to bluff, even if you're not sure if you are holding the best hand.

Answer 5

If he hires the lawyer to write the letter, then the expenses are his.  

If there is some agreement on your part to pay all legal fees, or to share the legal fees with him, then you could be stuck, but without some formal, written agreement in advance, NO, he's wrong.

Answer 6

No lawyers charge their clients - your brother is his client  

Answer 7

Actually-for that amount of money I would give her 1/3-just to be the bigger one and get them off your back and close the book on the whole rthing.No-you wouldn't have to pay

Answer 8

LOL ? how can your brother's lawyer charge you for the letter he's writing ? silly ... you brother is full of bulls**t

Answer 9

No, he has to pay for that letter, if he's seeking a lawyer, but don't give in to that drama.   get it!

Answer 10

Sad he is more worried about money.

It is generally split half & half. If it is a difference of 1000 then give him 500 extra and you the other 500 so he get 2500 & you get 1500 if you want to avoid it.

He would be responsible for the lawyer unless he wins and gets costs included.

He is being greedy and any court could see that.

I think fairly it is 1/2 & 1/2 but to save an argument you could do that with the extra.

Answer 11

No - each party is responsible for their own costs. You might only become liable if it goes to court and you lose. I would suggest preempting him and getting legal advice or liaise with the executors. Some law firms offer a free initial interview to identify the problem and funding.

Hope that helps, but as you say, it is only the difference of £1000. Is it worth falling out with your brother over?

Good luck