Caveat Warning

Maddie50

Hi,
Have been a regular visitor to these forums but have never felt the need to subscribe until now.
My sister-in-laws mum suffered a heart attack and passed away in hospital a few days ago. Her mum didn't leave a will as there was no property, just a couple of savings accounts. My sister-in-law has a sister who moved to Spain several years ago. Therefore, they are equal beneficiaries to their mothers estate. There has been minimal contact between them for a long time and it was left to my sister-in-law to look after mum's needs (shopping, doctor & hospital appointments etc.)
The day after her mother died, the sister from Spain flew back to the UK and tried to obtain the medical certificate in order to register the death herself. This wasn't given to her there and then but both sisters attended the registrar a couple of days later and registered the death together.
On the same day that the death certificate was issued, the sister from Spain applied for probate in her name only and at the same time issued a caveat preventing any other applications. (Probate is required as the savings accounts balance is over the banks limit). My sister-in-law is concerned that if her sister does obtain probate or grant of administration, she will then have the authority to close her mothers accounts and may not distribute the estate equally or at all! Although this would be illegal, it would be very difficult and costly to attempt to recover anything that she is due. (I understand that her mum's estate is quite small, approx. £40k)
My sister-in-law issued her own caveat but has now received a warning giving her 8 days to respond. The probate advice line have told her that she can't enter an "appearance" as she has no "contrary interest" but must "issue and serve a summons for directions" which must be done by a solicitor.
Does anyone have any experience of issuing this kind of summons and does she have sufficient grounds to continue? Thanks

Keep_pedalling

First off not owning property is not a reason for not needing a will. Too late for for the current situation, but something to be considered if that allies to you.

As for the caveat, this does not make sense as this prevents anyone from obtaining letters of administration while it is place (probate is only obtained where there is a will), so I can't see why the person applying for LoA would tie themselves up like this.

getmore4less

The sisters would be equal level for the application ask the court(probate help line) what to do if the application has been made in only one name when as equal level you want to be included.

In the mean time warn the institutions the sis will probably be able to access using death certificate and indemnity form.

wwl

If the application has been falsely completed to exclude the other sister, then that could be a rather serious (criminal) matter....

mnevis

Would you mind expanding on the possibility of an improperly issued Caveat Warning. I have been involved in a Caveat situation and I think it is relevant to my circumstances and I would be grateful to learn more.

Keep_pedalling

mnevis wrote: »

Would you mind expanding on the possibility of an improperly issued Caveat Warning. I have been involved in a Caveat situation and I think it is relevant to my circumstances and I would be grateful to learn more.

Would you like to give some details, then perhaps the good people on here could help.