Probate valid appearance after caveat warning

Deec

Probate/caveat/appearance
Hi all,

i understand the process for raising a caveat and issuing a warning, but have a question about appearances.

My specific situation is that my Dad's will leaves the estate to my sister and me in equal proportions. We are the only children.

Originally my sister and I were joint executors. Some years ago due to harassing and bullying behaviour by my sister's husband, my Dad created a codicil removing my sister as executor and wrote a note explaining why.

Sister's husband has now put a caveat on the probate and refuses to discuss it with me or any of his family. I have repeatedly and politely asked him to discuss things, I have offered formal mediation. He responds by asking me to write to him telling him what is in the letters I have sent him as he won't open them until I do. (yes, really) This is typical of his obsessive and controlling nature. He has told people that he is afraid that I am trying to post Daddy's ashes to him. (yes, really!)

So....if I or my solicitor issues a warning, what grounds could he have to make a valid appearance?

- he has no interest in the will which is contrary to mine(in fact, does he have any interest in the will at all?)
- he has no grounds for applying for probate himself
- he has no grounds for sugsting that I am unfit to be executor
- Daddy's previous will written many years ago also left everything to my sister and me firty fifty. If Daddy had been intestate, it would have been fifty fifty.

if he does enter an appearance, can it be rejected by the Court of Probate for him having no valid reason and then probate can be granted? Even if he wins, nothing changes, it's fifty fifty. No logic to it.

I am seeing my solicitor in about 10 days time, first appt I could get, but I really want to understand things before I see him.

Thanks
D.

TW1234

Anyone can enter a caveat and this puts the issue of a grant of representation (probate) on hold for 6 months. The person entering the caveat should give their reasons for the application within the six months, although the period can be extended in appropriate cases..
The one who has applied for probate can either wait out the 6 months to see what reason is offerred or can serve a "warning" on the caveator. An appearance (not virtual, just a legal document) has then to be laid within a much shorter period (8 days I think). Your solicitor should have no problem in dealing with this.
(NB Some caution is required if serving a warning, as if the caveator has justification, they may be able to claim for their legal expenses)

Deec

But you've basically just repeated everything I know already up to my question, which was that in my case I can see no justification - there IS no justification, so if that is the case will the court of probate reject his appearance as invalid?

(Obviously, if they don't, we will have to issue a summons for direction)

Thx
D

Yorkshireman99

Deec wrote: »

But you've basically just repeated everything I know already up to my question, which was that in my case I can see no justification - there IS no justification, so if that is the case will the court of probate reject his appearance as invalid?

(Obviously, if they don't, we will have to issue a summons for direction)

Thx
D

From what you have said he is just bluffing. I would expect your solicitor to call his bluff but make you that is done in the most economical manner. You may get some costs against him but don't bank on it.

Keep_pedalling

The probate office is not a court, if he makes an apperence then his caveat will still stand, and unless he changes his mind you may be forced to go to the courts to get it removed. If as it sounds that he is just being ridiculous, then he is likely to find this an expensive experience as costs are likely to be awarded against him.

https://www.stephensons.co.uk/site/individuals/contesting_wills_probate/caveats_warnings/