What if Final Hearing leaves H homeless?

1. How old is your aunt? Is she in good health? Wealth can quickly disappear if nursing home fees need to be paid.
If she was to die intestate what would that mean for you re inheritance?

Response: She is between 85 and 95 and in good health. Agree, I have no idea how much she is worth but my gut feeling is she is significantly less wealthy now than she was 5 years ago. She has live in carers for her spouse who is not in good health at all and requires full time care. If she were to die intestate, I believe her spouse will get all her assets.

2. Housing needs are important. How feasible is a move to the neighboring borough? What impact would that have on work, school, etc? No doubt you have been asked to provide examples of suitable housing for each of you. Make sure you have visited the properties you have picked and are able to justify their suitability.

Response: Yes, it would be easy to move to a neigbouring borough. However, I am making the case in my S25 that neighbouring boroughs are actually more expensive than my current borough. Your point about visiting the properties is noted with thanks.


3. If your medical condition prevents work in your chosen field but you could still do other work, the court will expect you to do so. If all employment is impossible, the medical evidence will need to support that.

Response: I await the findings of an Expert Medical Report. In addition to the Expert Medical Report I have NHS Fitness to Work notes. I also have evidence showing that I attempted to work earlier this year in a (minimum wage) role but could not pass the probationary period and was dismissed after a few weeks despite trying my best (from the role it is obvious that my condition was not compatible with the work)

4. If there is a dispute over valuations then I am surprised there has not been an order for independent expert valuations/ forensic accountant reports. You could seek a finding of facts agreement and ask the other side to agree to expert reports if they still dispute the valuations. If necessary an application to court can be made.

Response: Yes there I have completed an asset tracing for all disputed assets. Also will include expert valuation reports.

NB fraud can be a reason to overturn a settlement.

Response: Agree. Fraud allegations were baseless and have been vigorously denied along with supporting evidence (my solicitors were happy this effectively put to bed these allegations).

5. It isn't a good look. The other side will no doubt use it to seek to undermine your credibility. If costs weren't awarded at FDR and the information was available before that hearing then hopefully a costs claim can be avoided.

I agree and have apologised to my wife in court in front of the FDR judge and in my written statements. I am mindful that my credibility is undermined. All missing information was provided months prior to the FDR as part of response to multiple Questionnaires, Statements of Deficiency and Updated Disclosure bundles. Two wrongs don't make a right, but I have highlighted instances of her lack of disclosure and grossly misleading statements as well. No costs were awarded at FDR, but months prior to the FDR my solicitors agreed out of court to pay (and paid) several thousands of pounds of her costs as a result of the disclosure delays.