Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


+ Reply to Thread
Results 1 to 10 of 10
  1. #1
    Basic Account Holder wotsthis Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2017
    Posts : 5 (0.07 post per day)

    Default Is this Indemnity Letter ok for an Executor?

    Hello, I have just joined.

    I am a joint executor Non beneficiary, in a family will where the one of the two beneficiaries also executors cannot agree to the price to buy out the other. It has become hostile between them, it is going to court to decide what happens to the house and I am now a party to the claim, as second claimant, siding with the reasonable party for the purpose of getting this protracted matter dealt with.

    The indemnity form I have been sent by the solicitor of one party states in the last of three paragraphs, the following and I wish to know please if this is a reasonable paragraph that should protect me against costs

    Now this note witnesses that in consideration of the foregoing the First Claimant agrees to indemnify the Second Claimant in full in respect of the Second Claimants share of any costs order made against the Claimants in the said proceedings for as long as the Second Claimant remains that party to same.

    I would be most grateful for your comments.

    Regards


  2. #2
    Site Team honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Nov 2009
    Posts : 40,375 (14.13 post per day)

    Default Re: Is this Indemnity Letter ok for an Executor?

    Hello and welcome to CAGicon.

    I've flagged your thread for the site team to see if anyone can help, but other people may be along over the course of this evening, please bear with us.

    Best, HB

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you are asked to deal with any matter via private message, PLEASE report it.

    Illegitimi non carborundum.

    Follows
    0
    Following
    0

  3. #3
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2007
    Posts : 48,572 (13.23 post per day)

    Default Re: Is this Indemnity Letter ok for an Executor?

    Yes its a standard clause for the first party to protect you as a second claimant against costs.....however why you need to be part of this claim or side with a party as executor Im unsure ?

    It is worth considering executors insurance, which is a form of indemnity insurance very similar to the type of professional liability insurance held by a solicitor. Executors insurance can protect you against any legal or financial claims that result from your actions and the cost of insurance can often be reclaimed from the estate as part of your expenses.

    Andy

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  4. #4
    Basic Account Holder wotsthis Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2017
    Posts : 5 (0.07 post per day)

    Default Re: Is this Indemnity Letter ok for an Executor?

    Thank you for the welcome HB. Andy thank you, the reason I agreed to be a second claimant was that, as I was told, it would better strengthen the case against the difficult brother. I am not sure that this is so.

    Regards

    Alan


  5. #5
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2007
    Posts : 48,572 (13.23 post per day)

    Default Re: Is this Indemnity Letter ok for an Executor?

    It really shouldnt be your concern as Executor of the estate and none beneficiary ...your main priority duty is valuing and disbursing property to the beneficiaries as designated in the will.

    There are 3 executors...correct ?
    Two are beneficiaries and your not ?
    Are you related to these two?
    Are they the only two beneficiaries ?

    Have you got a true value of the property ?

    Is there any further monies involved as to why they cant agree ?

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  6. #6
    Basic Account Holder wotsthis Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2017
    Posts : 5 (0.07 post per day)

    Default Re: Is this Indemnity Letter ok for an Executor?

    Yes Andy, it should not really be me on the line, but an indemnity should keep me out of it.

    There are three executors, myself a friend of the family, no relation. nor a beneficiary. The two others are brothers, one being just awful, trouble making and more.

    The two brothers are the only beneficiaries. The house has been valued by both brothers with two different valuations and no agreement has been reached, hence court. There may be other money not declared by the difficult brother, I asked three times and gave up. One wants to buy the other out, too much difference to ever agree. thank you for your time. Alan


  7. #7
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2007
    Posts : 48,572 (13.23 post per day)

    Default Re: Is this Indemnity Letter ok for an Executor?

    So this solicitor that has issued the indemnity form to yourself is acting for the awkward brother ? I assume there is a court claim in progress ?

    Why not get a third valuation and meet in the middle ?

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  8. #8
    Basic Account Holder wotsthis Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2017
    Posts : 5 (0.07 post per day)

    Default Re: Is this Indemnity Letter ok for an Executor?

    No Andy the solicitor who issued me the form is the one acting for the reasonable one who is going to court because this has gone on for years with difficult brother delaying. (Very successfully as it happens).

    The difficult one does not meet in the middle!

    Is being a claimant, a party to the proceedings unusual in your opinion? Incidentally, without me being too syrupy forums such as this one where people give advice out of the goodness of their hearts show the best in Human nature.

    Best

    Alan


  9. #9
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2007
    Posts : 48,572 (13.23 post per day)

    Default Re: Is this Indemnity Letter ok for an Executor?

    Ah I see so this an attempt to settle probateicon and finalise the estate.

    The underlining problem here is too many Executors and both being beneficiaries .....willsicon that appoint co-executors often provide a backup plan to resolve anticipated stalemates between the executors. If the will provisions allow for a tie-breaking vote, the co-executors can obtain that vote from a third party. The will may or may not identify the specific person entitled to cast the tie-breaking vote. However, if a will does not expressly allow for the use of a third party in this manner, the co-executors cannot use this as a solution.

    Sometimes the only way for co-executors to work together is through coercive action in court. Probate judges have the legal authority to resolve disputes between co-executors. The judge will typically hold a hearing at which both executors have the opportunity to present their arguments. Afterwards, the judge will issue an order in flavor of one of the executors and both executors must comply with that judicial order.

    Its not unusual but rare but I understand why you are now party as per my paragraph above.

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  10. #10
    Basic Account Holder wotsthis Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2017
    Posts : 5 (0.07 post per day)

    Default Re: Is this Indemnity Letter ok for an Executor?

    Kind of you Andy and thank you.

    Best regards

    Alan



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
We use cookies to personalise content and ads and to provide social media features. We also share information about your use of our site with our advertising and analytics partners. See details