Posted: Wednesday, 24 January 2024 @ 10:11
It is the holy grail of inheritance disputes namely the ability to end your dispute early. Why have to go through a lengthy(and potentially costly) dispute when it would be so much easier for everyone, if this could be sorted immediately?
As for in everything in life, a good mindset is very helpful, and being proactive is very nice mindset to have.
Your fundamental objective is to secure your inheritance as quickly as possible
without undermining your legal position and selling yourself short.
With this in
mind there are a variety of options worth considering which can help end your inheritance dispute early.
1. Use Your Energy Well
“The key is to focus your energy on those things
that you can influence – this will enable you to
make effective changes. If you do this you will find
your circle of influence starts to increase – others
will see you as an effective person and this will
increase your power.”
Stephen Covey, the 7 Habits of Highly Effectively People.
From my experience one of the most effective ways to progress your case and get you nearer to obtaining your inheritance is to write down how you are feeling about your case on two pages. This very act will help your focus your mind and may indeed help your lawyer if you instruct one. The discipline of having to put your thoughts on two pages will help you see how strong your position is.
2 Ask For An Explanation from The Other Side
Some of the effective initial influencing tools which have been proven to lead to successful outcomes include and have led to avoidance of the Court process include:
If you are concerned about what has gone on, simply
ask someone for the other person's take on what happened either in person or in writing. At
the least you could get useful information or you might get a satisfactory
3 Ask A Mutual Friend/Relative To Help Sort It Out
If you are not comfortable in asking the other person directly what has happened, get a mutual
friend/relative to ask on your behalf or act as a go between. Like the suggestions above, no costs are incurred by you.
If your initial influencing steps have not worked and you remain concerned
about the situation, it is worth considering taking legal advice and then
advancing to more formal step with consist of another way of placing you in a better position.
4 Evaluate Your Case
The evaluation stage is critical as it not just assess the strengths and weaknesses of your legal case but it identifies where your inheritance case is going to end up. You go through your case with a lawyer and together work out - Where we are going? The key take out of an effective evaluation for you is what is going to take to enable me to get my full inheritance and the form of legal action which has to be done to help me reach that point. And is it worth going through this process?
5 Write a Compelling Letter Before Action
The reality is that if you are starting to have to go through an evaluation process and am even thinking of instructing a lawyer, you are not going to get a successful resolution without some form of pressure. Thus your lawyer will need to write to the other side. The key behind a compelling Letter Before Action is not to pressurise an opponent solely by strength of argument(which some lawyers do) and rarely makes a blind set of difference, but by displaying the best of you which will serve you best if a Judge has to assess your conduct and decide what Court order to make and whether to have your legal costs paid back by the other side. The fact is that by using a solicitor that is more than enough force.