• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Probate and Caveats

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Probate and Caveats

    Hello all, I'm hoping to gather some advice and opinions in order to help my dad out.

    My dad, along with his brother, is named as an executor on his father's Will. We firmly believe my dad's brother placed undue pressure on their father to change the Will largely into his favour, so whilst we investigate and try to prove this, another family member has placed a caveat on the Will.

    The solicitor dealing with the estate knows that the caveat exists, but is still keen to move forward and get the paperwork signed and progress towards probate; this is where my dad is now in an awkward position:

    • he doesn't want to sign the paperwork because by doing so, he is agreeing with the Will, which he doesn't
    • if he doesn't sign the paperwork, the solicitor could accuse him of delaying the process and possibly remove him as an executor, which we really don't want to happen
    • if he does sign the paperwork and they apply for Probate, my dad's brother (the other executor) could ask the solicitor to contest the caveat and try to have it removed


    Any advice what my dad's next move should be please? I hope all the above makes sense!
    Tags: None

  • #2
    Re: Probate and Caveats

    Hi and welcome.

    Family disputes over wills>>>>>>>

    Does the solicitor know that one executor believes the other executor used undue influence on your grandfather to change his will?
    Does the caveator realise that if he lodged the caveat solely to delay the grant of probate, and not because he is challenging the validity of the will he is laying himself open to costs?

    Is your father aware that for a claim of undue influence suspicious circumstances alone are not sufficient, and that he will require strong evidence that actual coercion took place?

    If your father continues to refuse to cooperate with the solicitor, his brother could issue a warning to the caveat anyway!
    The caveat needs to be lifted before probate is applied for anyway.

    Next move is to either explain everything to current solicitor, or if father distrusts him (chosen by your uncle?) find another solicitor.
    I trust your father knows that contentious probate is expensive, and solicitors costs will soon deplete the estate.

    But good luck anyway, and I hope the suspicions are soon allayed, the estate settled, and the family unriven

    Comment

    View our Terms and Conditions

    LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

    If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


    If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
    Working...
    X