One for the Leagal Eagles or even those who are opinionated lol

[Liam]

My brother's wife died from cancer last April, but prior to this they had a guy drive into the back of them while returning from Chemo treatment. Anyway,claim ensued against driver who rear ended them and after a while they agreed to settle the claim. Solicitor was told to settle three weeks prior to my sister in law dying and acknowledged in writing confirmation of instruction. My brother received a form to sign four days after his wife's death accepting settlement as full and final payment of claim and Solicitor suggested that he sign her name on the letter. This he did and a cheque issued yesterday which he lodged in his bank.

A few hours later the solicitor rang him and asked him to return the cheque as the insurance company had called him and said there was an "anomaly" and he would have to return the cheque to the solicitor ,who would then return it to the insurance company. Brother refused to do this and is seeking advice from another solicitor.

Unfortunately,it seems the claim dies with the claimant's death but as she gave instruction to settle prior to her death and this was acknowledged in writing prior to her death, would it still be a valid claim? Or has my brother screwed himself by signing her name without "PPing" and signing his name?

My thinking is that payment should stand as my brother effectively just signed an agreement of the figure as acceptable, and no further claim would arise in the future regarding this incident,however had he signed the letter on her behalf,I think he would have a stronger case to tell them to stick it.

Look forward to hearing advice/opinions on this.

 

[Deleted account DD]

Not experienced this directly but I dont think a claim automatically dies with the person, especially when effectively settled whilst she was till alive. Compo is based on paying retrospectively for suffering and loss the losses had certainly occurred and from her estate. Not 100% on that though, hovering around 95%

HOWEVER He has quite probably shafted himself by signing it in her name. The only person who can sign her name would sadly have been her. Any other way is potentially fraud.

He needs some heavy duty on the spot legal advice asap , with all due respect not from folk like us :thumb2

Hope it pans out ok.

 

[Liam]

Thanks,Dave. He is seeking info from another solicitor but I was just looking here to see what people's thoughts are. Appreciate your input and I'm kind of thinking like you that signing her name could be seen as fraud. Wonder if a Judge would allow leeway because he signed just four days after her death? Probably depend on the individual Judge,I expect. Silly twat should have just signed his own name on her belalf,probably would have been ok then. I think he understands that now with the benefit of full 20/20 hindsight:doh

 

[(RIP) PLANK]

another complication here is the law in two different nations, i don't know (obviously!) but laws in Ireland may vary from those in England so be careful of advice you get from over here!

I agree with Dave regarding signing her name, will the solicitor back him up and say it was done on his advice?

 

[Liam]

another complication here is the law in two different nations, i don't know (obviously!) but laws in Ireland may vary from those in England so be careful of advice you get from over here!

I agree with Dave regarding signing her name, will the solicitor back him up and say it was done on his advice?

I'm not a betting man but I don't think the solicitor will back him up. Laws are probably a bit different between here and England but it will be interesting to see how it works out. Solicitors advise on signing was over the phone,unfortunately, so wouldn't stand up if it goes to court.

 

[lacroupade]

It is a messy one Liam and as Dave says, better handled by the solicitor....but really sad circumstances mate, sorry to hear such a sad story.

The issue of the claim payment still being valid is potentially questionable, partly because from what you say, it doesn't appear as if his wife had accepted the settlement herself. Its likely that any payment would still be due to her estate but that needs clarifying because of potential differences in Irish/UK law.

I think any court would take a reasonable view of a husband signing such a document during a time of grief, especially if told to do so by the solicitor - the fact the solicitor did so would also imply he also knew she had passed away, so I think your brother would probably be in the clear on that one,i.e. there shouldn't be any question of him, for example, not having revealed her death. But I can't see why a solicitor would tell someone to sign in the name of the deceased because unless it was clearly "for and on behalf of", then it makes no sense.

But the biggest wrinkle is this 'anomaly'......could be a small or large problem, who knows. But good luck to the poor sod.:thumb2

At the end of the day I've learned over many years that, even with close family matters, if you aren't directly involved, you rarely get the full story, so who knows what has transpired......all you can do is be there for him when he needs it and help him make rational decisions and not just give up on money that will be of help with whatever.

 

[jace]

as her husband and with her gone would he not have had power of atorney over her matters? i cant see any judge making anything from it,even if some fool was to put it in front of him!

 

[lacroupade]

as her husband and with her gone would he not have had power of atorney over her matters? i cant see any judge making anything from it,even if some fool was to put it in front of him!

Sadly the death of a partner gives no immediate legal powers to the spouse - PofA and so on has to be applied for and approved by the courts

 

[jace]

when my mom died my dad wouldnt claim of her ins i was mad because she paid that money in and he was wasting it,she wouldnt have been happy lol.
i hope the ins company see sence and pay him out but knowing how much they wriggle i bet theyll do there best not to i hope to be proved wrong though mate!

 

[lacroupade]

when my mom died my dad wouldnt claim of her ins i was mad because she paid that money in and he was wasting it,she wouldnt have been happy lol.
i hope the ins company see sence and pay him out but knowing how much they wriggle i bet theyll do there best not to i hope to be proved wrong though mate!

thats a bloody shame.

 

[Liam]

Well,I find myself agreeing with most of your comments so far (must be something wrong with me). He is still waiting to hear from other solicitor he contacted about this. I spoke with him this morning and there is a "rate your solicitor" website here and it seems the solicitor he was using has some negative comments,similar tactics being used on executors of estates etc. He has apparently asked for cheques to be returned on various pretexts and then taken another slice for himself. Probably doing some borderline legal antics. I'll keep you posted on what happens as I am really curious about how this will work out. Thanks for your input.

 

[lacroupade]

Well,I find myself agreeing with most of your comments so far (must be something wrong with me). He is still waiting to hear from other solicitor he contacted about this. I spoke with him this morning and there is a "rate your solicitor" website here and it seems the solicitor he was using has some negative comments,similar tactics being used on executors of estates etc. He has apparently asked for cheques to be returned on various pretexts and then taken another slice for himself. Probably doing some borderline legal antics. I'll keep you posted on what happens as I am really curious about how this will work out. Thanks for your input.

making more sense.....depends on what was agreed in terms of his fee I guess....over here, its increasingly the case that the lawyer gets his fee from the other party's insurance company and your award is protected.

Lets hope he sorts it properly, the brief sounds like an asswipe

 

[Liam]

Yep, I wouldn't mind,there is a brief I went to school with closer to him and he has used him previously and found him great,can't understand why he didn't use him this time. Oh well,family can be strange,can't they?

 

[lacroupade]

Yep, I wouldn't mind,there is a brief I went to school with closer to him and he has used him previously and found him great,can't understand why he didn't use him this time. Oh well,family can be strange,can't they?

thats cos you don't pick 'em, they pick you LOL:thumb2

 

[Deleted account DD]

If your brother is the sort to carry it off , go confront the solicitor, do not be fobbed off with articulate waffle.

Have a chat with a few open questions he may even stitch himself up then close him down with a few closed questions.

Ask him straight questions like

who required the cheque to be returned.
why did they require it returned.
what are their contact details so i may contact them.

You will very quickly see if he is bullshitting which by the sounds of it he may be.

If you even suspect he is find out who the professional body for complaints against briefs is in your neck of the woods and complain. You may only be one of many.

 

[Liam]

thats cos you don't pick 'em, they pick you LOL:thumb2

Very true Lol.

 

[(RIP) PLANK]

If he is going to get in trouble over this, it will happen whether her returns the money or not, so take Daved's advice, or just sit tight and see what happens, either way it seems calling his bluff may be the best bet :thumb2