Preventing Probate being granted

Selman

My mother died over a year ago and in her will left her estate to me, my siblings are blocking the grant of probate. Will was made with solicitor. How long can they do this?

00ec25

2 seconds on google would have got you this

Contested Probate: How Can I stop probate being issued ?

A Caveat can be issued to prevent probate being issued. Once in place a Caveat lasts for a period of some six months, after which it can be renewed for a further six months. The Executor or Administrator of an estate can issue what is known as a Warning to the person that has entered the Caveat. A reply to a warning ( known as as an Appearance ), must be served within 8 days of receipt of the warning.

http://lmgtfy.com/?q=preventing+probate+grant
its in the probate Q&A link above your own question!

TonyMMM

Are you the executor ?

Selman

No my mum's Solicitor is the Executor, apparently she told him that was best as she anticipated things wouldnt go smoothly. I lived with her and still live in the house. there wasnt any money to speak, only enough to cover the funeral as because of her illness a lot had to be spent on providing appropriate care so that she could stay at home. I know they can renew every 6 months. they have had a reply from mums solicitor and her doctor confirming that she was of sound mind and had more than enough capacity to make the will. I just dont know how long they can drag it out.

Selman

thanks, but I am not looking to prevent probate being issued, my siblings are preventing it. I am the beneficiary and am unsure how long they can prevent it being issued. There is an enormous amount on google if you want to prevent probate but I cannot find anything that covers the person in my situation. Thanks anyway.2 seconds on google would have got you this

Contested Probate: How Can I stop probate being issued ?

A Caveat can be issued to prevent probate being issued. Once in place a Caveat lasts for a period of some six months, after which it can be renewed for a further six months. The Executor or Administrator of an estate can issue what is known as a Warning to the person that has entered the Caveat. A reply to a warning ( known as as an Appearance ), must be served within 8 days of receipt of the warning.


its in the probate Q&A link above your own question![/QUOTE]

troubleinparadise

Surely the Solicitor can give you an idea?

He/She would know on what grounds they can contest, and whether he/she believes they have a case. At present, it sounds as though that isn't likely, but you may just have to wait until it sinks in with the siblings.

Sadly though I guess the relationship between you and them is already somewhat damaged.

antrobus

00ec25 wrote: »

2 seconds on google would have got you this

Contested Probate: How Can I stop probate being issued ?

A Caveat can be issued to prevent probate being issued. Once in place a Caveat lasts for a period of some six months, after which it can be renewed for a further six months. The Executor or Administrator of an estate can issue what is known as a Warning to the person that has entered the Caveat. A reply to a warning ( known as as an Appearance ), must be served within 8 days of receipt of the warning.

http://lmgtfy.com/?q=preventing+probate+grant
its in the probate Q&A link above your own question!

Yes, but that doesn't actually answer the question does it?

Selman wrote: »

My mother died over a year ago and in her will left her estate to me, my siblings are blocking the grant of probate. Will was made with solicitor. How long can they do this?

They can do this for as long as they like. Or until such time as the executor gets them to put up or shut up.

The person applying for Probate may issue a "warning" against you. This requires you to formally state your interest in the estate. If you fail to respond, he can apply to have your caveat removed. If you respond and enter an "appearance", the caveat will remain in force indefinitely, until matters are finally resolved.

• either you or the person applying for Probate may issue a summons which will be heard by the District Probate Registrar
• either you or the person applying for Probate may commence a Probate action (court proceedings) in the estate.

http://www.justice.gov.uk/courts/probate/caveats

xylophone

What does the executor say is the state of play?

Selman

Initially it has been contested on grounds of mental capacity. However, this wasnt the case and was verified by doctor. Mums solicitor has provided full detail and stated that if he was on receiving end of his reply he would advise client that they havent got a case. Sadly I guess I am in for a long waiting game as I think they are now holding it up out of spite. Not much of a relationship to lose though as they were hardly ever here when mum was ill.

CAB_National_Representative

Selman wrote: »

My mother died over a year ago and in her will left her estate to me, my siblings are blocking the grant of probate. Will was made with solicitor. How long can they do this?

Hi Selman - At the moment CAB Representatives are only answering certain topics on the MSE forum and we’re afraid your question is not within those areas. So you may prefer to post it again on another board (see the MSE forum index).

If you want further help from elsewhere, we'd suggest contacting your local bureau.

We hope this helps.