Claim against an Estate - England?

[iomar]

This would relate to law in England.

I am an executor of an estate and I have received a claim for services supplied by a contractor, and I am disputing his charge.

There was no contract with the deceased, although he claims a verbal agreement which I also question.

I am aware of some work that was needed, but he has exceed his remit and gone far beyond any requirement that would have been authorised. His charge for the work he did is also excessive.

He has given me an invoice typed on a word document, there is no headed paper, vat or even an invoice number, and no itemisation for the work he carried out, just "hours worked in various rooms" and a fee.

I am prepared as conciliatory gesture to pay what I feel is fare and have reduced his claim accordingly.

So my question is:

If he gets advice from a solicitor and challenges me in a small claims court and wins. Would I have to pay the costs for the small claims court, and would I also have to pay for the advice he was previously given by his solicitor?

[fychan97]

This would relate to law in England.

I am an executor of an estate and I have received a claim for services supplied by a contractor, and I am disputing his charge.

There was no contract with the deceased, although he claims a verbal agreement which I also question.

I am aware of some work that was needed, but he has exceed his remit and gone far beyond any requirement that would have been authorised. His charge for the work he did is also excessive.

He has given me an invoice typed on a word document, there is no headed paper, vat or even an invoice number, and no itemisation for the work he carried out, just "hours worked in various rooms" and a fee.

I am prepared as conciliatory gesture to pay what I feel is fare and have reduced his claim accordingly.

So my question is:

If he gets advice from a solicitor and challenges me in a small claims court and wins. Would I have to pay the costs for the small claims court, and would I also have to pay for the advice he was previously given by his solicitor?

You need advice from a Solicitor. I believe you have already been told this on here.
UK

[gerard]

If you lose in the small claims court then you have to pay the court fees and any fees the other party is claiming for which could Include fees from solicitors for advice.

If the other party had no contract with the deceased then he has no rights in law to make a claim and you could reject it in it's entirety. Make sure that any offer you make to pay him is on an ex gratia basis - this means you do not accept any legal claim on the estate and are just giving him some payment as a gesture of good will.