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Caveat

edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
148 replies 37.7K views
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  • madbadrob wrote: »
    Doesnt matter what the appearance was. You are now at the point where mediation is needed and if that fails then it is a court case. Sorry to say this could wipe out a large proportion of your inheritance

    Rob

    Maybe that is the intention? I'm in a similar process, I have a Caveat in place so that my co-executor can't apply for Probate. She desperately wants the inheritance to avoid bankruptcy!!!


    I have good reasons for stopping the Probate application, these relate to the theft of most of the deceased assets that were in the house. Besides which I would prefer any inheritance that she is entitled to goes to her creditors via the OR. She hopes to tempt them into agreeing a one off payment to settle of about 50% of the debt owed. Her part of the inheritance would see every creditor paid in full plus a few £k towards the OR's costs.
  • freda11freda11 Forumite
    236 posts
    He has no good reason. He hated his father has waited years for him to die and now he has he wants his money. I would prefer the local donkey sanctuary to have it rather than him. His father wanted him to have nothing and would be turning in his grave. Our solicitor is going to be going along the route of 'vexatious litigation' and seek all our legal costs back. Whether this happens remains to be seen.
    Makes a joke out of making a Will!
  • freda11freda11 Forumite
    236 posts
    Our solicitor has now requested all statements from the witnesses, does this mean she thinks it will definitely go to court, or does she allow the other side to read these statements in the hope they then realise we have a stronger case than them?
  • freda11freda11 Forumite
    236 posts
    Still no reply from the otherside. Our sol is now writing to tell them the offer is withdrawn and they are taking instructions upon making an application to remove the registered caveat.
    She says this is not an easy process?? She is gathering witness statements too and will then reassess the strength of our case once she receives them, in case it does go to court.
  • If he warned the caveat off and received no reply within 8 days then the probate office will remove it. I cant remember where we were in the process and its too long to read all the way back.

    Rob
  • freda11freda11 Forumite
    236 posts
    caveat is registered. we are now in litigation, they made their offer, we refused, we made them an offer but still waiting for the response 6 weeks later. Our solicitor has now written to them to say our offer withdrawn and we are applying to the court to have the caveat removed.
  • madbadrobmadbadrob Forumite
    1.3K posts
    Ahh ok good luck with that and to be honest I cant see the court refusing to remove the caveat

    Rob
  • freda11freda11 Forumite
    236 posts
    Cheers Rob, fingers crossed. Will keep you posted
  • freda11freda11 Forumite
    236 posts
    Should a solicitor not reply to an offer/letter to say they are at least in receipt and are awaiting their clients instructions? One thought is, maybe he has not paid any money to his solicitor and until he does the solicitor cannot do anything ?
  • madbadrobmadbadrob Forumite
    1.3K posts
    NOt always but some do some dont

    Rob
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