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How to Lift a Caveat on a Will & Problem with Deed of Trust: Help needed.
Delphinium_Blue
Posts: 21 Forumite
Hello, I would appreciate some advice or opinion about lifting a Caveat on my Father's Will that could be connected to a property dispute. My father passed away in December, this year, due to dementia. He had been living alone in his second wife's (my stepmother's) house after she died 22 years ago. She had one son (my stepbrother) and, in her Will, she said the house would not go straight him but that my father could live there, rent free, for as long as he needed to. As I have always understood it, after he no longer needed to live in the house and left, the son would have possession of the house (my family always accepted this, we never thought or tried to make a claim on the house for ourselves).
My father was officially diagnosed with dementia in May 2017 after family and friends suspected he was ill for nearly 2 years before this. Since his diagnosis, my stepbrother made my father's executors aware of a, so called, Deed of Trust that the stepson claims he drew up and signed, on legal advice, with my father, a few years prior to his dementia diagnosis. (The stepson, only last year, claimed this Deed of Trust invalidated/ superseded his mother's Will - prior to this announcement, we knew nothing of this document.)
The executors, and my family, had been totally unaware of this document/ agreement between our father and the stepson. Apparently, the stepson had been paying my father a small sum of money each month to help maintain the house: my father had claimed he could not afford all the maintenance himself. I knew nothing of these payments until my father mentioned it briefly, in 2016, and never saw any documents about them. I assumed it was OK because my father would never enter into any such agreement if it was going to cause a problem.
The step family claims this Deed of Trust sets out certain obligations my Father had to maintain the property - now they say he failed in these obligations and so money is owing from his estate. We don't agree as during the time the money was being paid, my father replaced all the windows with new double glazing. The structure of the building was maintained in good repair, as was the garden. Household bills were always paid up-to-date. Generally, my father always looked after the house - then he became old, frail, ill and confused.
In November 2017, when the stepbrother knew my father was in hospital and it was unlikely he would be returning to the house, the stepbrother had the locks changed - which made things very difficult for us because we could no longer have access to clear our father's possessions after his death. On the day before the funeral, my brother (who is my father's executor) and myself, met with the stepson (and spouse) at the house to discuss how to clear our father's things. We found that most of his things had been boxed up and moved into the outside garage to 'help' us, they would not allow us to sort the things ourselves inside the house. They advised us to hire a skip and throw everything else in. We were treated highly insensitively when we were grieving.
My stepbrother then took us round the interior of the house and pointed out maintenance issues: they complained that my father had neglected to have the home redecorated, the kitchen units needed replacing, the carpets were worn out, the boiler and radiators needed replacing, and the house needed re-wiring. They claimed that, in not having these jobs done, my father had not obeyed the terms on the Deed of Trust and now we were owing them several thousands of pounds from the estate for redecorating, a new kitchen, new heating system, new carpets, and re-wiring. My brother (the one remaining Executor; the other Executor having resigned over receiving harassing emails from the step family accusing him, erroneously, of 'money-laundering') asked the step brother to show us the Deed of Trust.
Immediately they refused to produce the document, accusing us of 'prying' into my father's affairs - stepbrother said it was just between himself and my father. We think the stepson does not trust my brother, the Executor ( some years ago, there must have been some doubt raised about whether the stepson would get the house and, instead, it would go to my brother, after our father left. Father's stepson was likely to have been concerned he would not get his rightful inheritance unless this Deed of Trust was drawn up - but we don't know this for sure. However, it is highly suspicious that they will not show us this document and our Probate solicitor cannot trace a copy.
We believe the stepson is being unreasonable in demanding this sum of money for repairs - the stepson gave us until February to pay the money, and he would do the repairs himself, or he would get a surveyor who would probably estimate the repairs to be many thousands more. Since then, we have not paid the money and have sought legal advice from the probate solicitors. (The stepson then threatened to block the Probate if the money was not paid.) Our solicitor's opinion is that the so called 'damage' is normal wear and tear, so no money is owing from the estate. We have not heard anything from the step family and have seen, online, that the property is now for sale and 'under offer', the above listed repairs have been completed except for new carpets. Our solicitor has been indicating it is a good sign that stepbrother has gone quiet because it is less likely he will continue with the claim on the estate, although there was a possibility a Caveat would come to light when the Probate is applied for.
On Wednesday, the solicitor who still has my Father's will (not our probate solicitor) tells us they have had to enter a Caveat with the Probate Registry due to concerns over the estate. We don't yet know, for sure, who has brought this Caveat but we suspect it is the step family. Our Probate solicitor says they will pass the matter to their probate dispute department - but it is all very worrying and upsetting for us. Our solicitor advises the caveator could be 'warned off' but, as I gather, if this does not work the matter could go to court etc. After six months they can renew the Caveat if no agreement is reached and this renewal process may go on indefinitely (if I have understood this correctly?).
This could prove very time consuming and expensive - and we are worried that the estate will be mostly eaten up with fees and expenses before this matter is resolved. My family is currently suffering financial hardship and we were really counting on my father's estate to solve some money problems, not make matters worse. Please, I would be grateful for any opinions or advice on how to bring this matter to a, hopefully, swift conclusion and settle the matter (for both parties if necessary). Has anyone else been through a similar situation? Many thanks.
My father was officially diagnosed with dementia in May 2017 after family and friends suspected he was ill for nearly 2 years before this. Since his diagnosis, my stepbrother made my father's executors aware of a, so called, Deed of Trust that the stepson claims he drew up and signed, on legal advice, with my father, a few years prior to his dementia diagnosis. (The stepson, only last year, claimed this Deed of Trust invalidated/ superseded his mother's Will - prior to this announcement, we knew nothing of this document.)
The executors, and my family, had been totally unaware of this document/ agreement between our father and the stepson. Apparently, the stepson had been paying my father a small sum of money each month to help maintain the house: my father had claimed he could not afford all the maintenance himself. I knew nothing of these payments until my father mentioned it briefly, in 2016, and never saw any documents about them. I assumed it was OK because my father would never enter into any such agreement if it was going to cause a problem.
The step family claims this Deed of Trust sets out certain obligations my Father had to maintain the property - now they say he failed in these obligations and so money is owing from his estate. We don't agree as during the time the money was being paid, my father replaced all the windows with new double glazing. The structure of the building was maintained in good repair, as was the garden. Household bills were always paid up-to-date. Generally, my father always looked after the house - then he became old, frail, ill and confused.
In November 2017, when the stepbrother knew my father was in hospital and it was unlikely he would be returning to the house, the stepbrother had the locks changed - which made things very difficult for us because we could no longer have access to clear our father's possessions after his death. On the day before the funeral, my brother (who is my father's executor) and myself, met with the stepson (and spouse) at the house to discuss how to clear our father's things. We found that most of his things had been boxed up and moved into the outside garage to 'help' us, they would not allow us to sort the things ourselves inside the house. They advised us to hire a skip and throw everything else in. We were treated highly insensitively when we were grieving.
My stepbrother then took us round the interior of the house and pointed out maintenance issues: they complained that my father had neglected to have the home redecorated, the kitchen units needed replacing, the carpets were worn out, the boiler and radiators needed replacing, and the house needed re-wiring. They claimed that, in not having these jobs done, my father had not obeyed the terms on the Deed of Trust and now we were owing them several thousands of pounds from the estate for redecorating, a new kitchen, new heating system, new carpets, and re-wiring. My brother (the one remaining Executor; the other Executor having resigned over receiving harassing emails from the step family accusing him, erroneously, of 'money-laundering') asked the step brother to show us the Deed of Trust.
Immediately they refused to produce the document, accusing us of 'prying' into my father's affairs - stepbrother said it was just between himself and my father. We think the stepson does not trust my brother, the Executor ( some years ago, there must have been some doubt raised about whether the stepson would get the house and, instead, it would go to my brother, after our father left. Father's stepson was likely to have been concerned he would not get his rightful inheritance unless this Deed of Trust was drawn up - but we don't know this for sure. However, it is highly suspicious that they will not show us this document and our Probate solicitor cannot trace a copy.
We believe the stepson is being unreasonable in demanding this sum of money for repairs - the stepson gave us until February to pay the money, and he would do the repairs himself, or he would get a surveyor who would probably estimate the repairs to be many thousands more. Since then, we have not paid the money and have sought legal advice from the probate solicitors. (The stepson then threatened to block the Probate if the money was not paid.) Our solicitor's opinion is that the so called 'damage' is normal wear and tear, so no money is owing from the estate. We have not heard anything from the step family and have seen, online, that the property is now for sale and 'under offer', the above listed repairs have been completed except for new carpets. Our solicitor has been indicating it is a good sign that stepbrother has gone quiet because it is less likely he will continue with the claim on the estate, although there was a possibility a Caveat would come to light when the Probate is applied for.
On Wednesday, the solicitor who still has my Father's will (not our probate solicitor) tells us they have had to enter a Caveat with the Probate Registry due to concerns over the estate. We don't yet know, for sure, who has brought this Caveat but we suspect it is the step family. Our Probate solicitor says they will pass the matter to their probate dispute department - but it is all very worrying and upsetting for us. Our solicitor advises the caveator could be 'warned off' but, as I gather, if this does not work the matter could go to court etc. After six months they can renew the Caveat if no agreement is reached and this renewal process may go on indefinitely (if I have understood this correctly?).
This could prove very time consuming and expensive - and we are worried that the estate will be mostly eaten up with fees and expenses before this matter is resolved. My family is currently suffering financial hardship and we were really counting on my father's estate to solve some money problems, not make matters worse. Please, I would be grateful for any opinions or advice on how to bring this matter to a, hopefully, swift conclusion and settle the matter (for both parties if necessary). Has anyone else been through a similar situation? Many thanks.
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Comments
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I'm sorry you are in this horrid situation, but this really is one for your lawyer. Without sight of all the relevant documents, nobody here could give you any sort of informed opinion - it would just be guesswork, but I'm sure there will be others along shortly to do precisely that! Just remember you can't rely on it...0
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Nobody on here can help. You have to follow your solicitor's advice.Delphinium_Blue wrote: »Hello, I would appreciate some advice or opinion about lifting a Caveat on my Father's Will that could be connected to a property dispute. My father passed away in December, this year, due to dementia. He had been living alone in his second wife's (my stepmother's) house after she died 22 years ago. She had one son (my stepbrother) and, in her Will, she said the house would not go straight him but that my father could live there, rent free, for as long as he needed to. As I have always understood it, after he no longer needed to live in the house and left, the son would have possession of the house (my family always accepted this, we never thought or tried to make a claim on the house for ourselves).
My father was officially diagnosed with dementia in May 2017 after family and friends suspected he was ill for nearly 2 years before this. Since his diagnosis, my stepbrother made my father's executors aware of a, so called, Deed of Trust that the stepson claims he drew up and signed, on legal advice, with my father, a few years prior to his dementia diagnosis. (The stepson, only last year, claimed this Deed of Trust invalidated/ superseded his mother's Will - prior to this announcement, we knew nothing of this document.)
The executors, and my family, had been totally unaware of this document/ agreement between our father and the stepson. Apparently, the stepson had been paying my father a small sum of money each month to help maintain the house: my father had claimed he could not afford all the maintenance himself. I knew nothing of these payments until my father mentioned it briefly, in 2016, and never saw any documents about them. I assumed it was OK because my father would never enter into any such agreement if it was going to cause a problem.
The step family claims this Deed of Trust sets out certain obligations my Father had to maintain the property - now they say he failed in these obligations and so money is owing from his estate. We don't agree as during the time the money was being paid, my father replaced all the windows with new double glazing. The structure of the building was maintained in good repair, as was the garden. Household bills were always paid up-to-date. Generally, my father always looked after the house - then he became old, frail, ill and confused.
In November 2017, when the stepbrother knew my father was in hospital and it was unlikely he would be returning to the house, the stepbrother had the locks changed - which made things very difficult for us because we could no longer have access to clear our father's possessions after his death. On the day before the funeral, my brother (who is my father's executor) and myself, met with the stepson (and spouse) at the house to discuss how to clear our father's things. We found that most of his things had been boxed up and moved into the outside garage to 'help' us, they would not allow us to sort the things ourselves inside the house. They advised us to hire a skip and throw everything else in. We were treated highly insensitively when we were grieving.
My stepbrother then took us round the interior of the house and pointed out maintenance issues: they complained that my father had neglected to have the home redecorated, the kitchen units needed replacing, the carpets were worn out, the boiler and radiators needed replacing, and the house needed re-wiring. They claimed that, in not having these jobs done, my father had not obeyed the terms on the Deed of Trust and now we were owing them several thousands of pounds from the estate for redecorating, a new kitchen, new heating system, new carpets, and re-wiring. My brother (the one remaining Executor; the other Executor having resigned over receiving harassing emails from the step family accusing him, erroneously, of 'money-laundering') asked the step brother to show us the Deed of Trust.
Immediately they refused to produce the document, accusing us of 'prying' into my father's affairs - stepbrother said it was just between himself and my father. We think the stepson does not trust my brother, the Executor ( some years ago, there must have been some doubt raised about whether the stepson would get the house and, instead, it would go to my brother, after our father left. Father's stepson was likely to have been concerned he would not get his rightful inheritance unless this Deed of Trust was drawn up - but we don't know this for sure. However, it is highly suspicious that they will not show us this document and our Probate solicitor cannot trace a copy.
We believe the stepson is being unreasonable in demanding this sum of money for repairs - the stepson gave us until February to pay the money, and he would do the repairs himself, or he would get a surveyor who would probably estimate the repairs to be many thousands more. Since then, we have not paid the money and have sought legal advice from the probate solicitors. (The stepson then threatened to block the Probate if the money was not paid.) Our solicitor's opinion is that the so called 'damage' is normal wear and tear, so no money is owing from the estate. We have not heard anything from the step family and have seen, online, that the property is now for sale and 'under offer', the above listed repairs have been completed except for new carpets. Our solicitor has been indicating it is a good sign that stepbrother has gone quiet because it is less likely he will continue with the claim on the estate, although there was a possibility a Caveat would come to light when the Probate is applied for.
On Wednesday, the solicitor who still has my Father's will (not our probate solicitor) tells us they have had to enter a Caveat with the Probate Registry due to concerns over the estate. We don't yet know, for sure, who has brought this Caveat but we suspect it is the step family. Our Probate solicitor says they will pass the matter to their probate dispute department - but it is all very worrying and upsetting for us. Our solicitor advises the caveator could be 'warned off' but, as I gather, if this does not work the matter could go to court etc. After six months they can renew the Caveat if no agreement is reached and this renewal process may go on indefinitely (if I have understood this correctly?).
This could prove very time consuming and expensive - and we are worried that the estate will be mostly eaten up with fees and expenses before this matter is resolved. My family is currently suffering financial hardship and we were really counting on my father's estate to solve some money problems, not make matters worse. Please, I would be grateful for any opinions or advice on how to bring this matter to a, hopefully, swift conclusion and settle the matter (for both parties if necessary). Has anyone else been through a similar situation? Many thanks.0 -
As others have said, this is for your solicitor to advise.
One small crumb of comfort, possibly - if your stepbrother wants to sell, he can't until probate has been granted. If the house is under offer, with luck he might not want to lose a buyer in such a poor housing market. If you've not told your solicitor that the house is under offer, might be worth doing so.Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!0 -
Who were the trustees of the life interest trust?0
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[FONT=Verdana, sans-serif]My understanding is that a caveat can only be use to challenge the validity of a person's will not just because a 3rd party thinks they are owed a debt by the decease's estate.[/FONT]
[FONT=Verdana, sans-serif]No doubt your solicitor will advise you of options and costs.[/FONT]0 -
[FONT=Verdana, sans-serif]My understanding is that a caveat can only be use to challenge the validity of a person's will not just because a 3rd party thinks they are owed a debt by the decease's estate.[/FONT]
[FONT=Verdana, sans-serif]No doubt your solicitor will advise you of options and costs.[/FONT]
You need to update your understanding how caveats work0 -
As others have said, this is for your solicitor to advise.
One small crumb of comfort, possibly - if your stepbrother wants to sell, he can't until probate has been granted. If the house is under offer, with luck he might not want to lose a buyer in such a poor housing market. If you've not told your solicitor that the house is under offer, might be worth doing so.
Possibly not so in the case. My interpretation of the OP is that the house was owned by the step mother and passed on to her son with the father being allowed to stay until his passing. It would be nothing now to do with the father's estate.0 -
Hello All, many thanks for your replies. I know there are no easy answers here but it helps to put my difficulty forward and gain some feedback from other members. Not sure who were the trustees of the life interest trust (Deed of Trust). As far as we have been told by the stepson, the Deed of Trust was drawn up, by a solicitor, between him and our father. My eldest brother is Executor of father's Will but stepson will not show him this document because that would be "prying into out father's private business". My eldest brother lives abroad, in a different time zone, which is a bit awkward for contact. Also, only he can discuss the case with our solicitors - so I have to rely on him making contact. We have not been able to speak to solicitor for about a month now because he has been away but is now returned to work. Have urged my brother to make contact this week. We still do not know who has entered the Caveat, my brother thinks it is only because of the unpaid bill owing to another solicitor who has possession of the Will (they tried to get Power of Attorney for us when my father was ill - but failed to do this before he died, so my brother did not pay the bill). Brother thinks, when we have assured them the bill will be paid on release of funds from father's estate, the Will shall be released and the Caveat lifted (he thinks solicitors brought Caveat). I don't see any proof of this, I still need to know exactly who has brought this Caveat - because (once Will is released) and Probate is applied for, we my still find the Probate is blocked because of Caveat from another party (i.e. our stepbrother). In which case, we could be in for weeks or months going through the Court - which I am desperately hoping to avoid. I know we need to take our solicitor's advice but it is driving me to despair when I must rely on someone else to contact them - and the solicitor doesn't seen to be doing anything and is away most of the time. If we change solicitors it can't be my decision, I am not the Executor. Maddeningly frustrating!!0
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What is your status? Have you consulted a solicitor and what do they say. Previous posts about nobody being able to help except solicitor.Delphinium_Blue wrote: »Hello All, many thanks for your replies. I know there are no easy answers here but it helps to put my difficulty forward and gain some feedback from other members. Not sure who were the trustees of the life interest trust (Deed of Trust). As far as we have been told by the stepson, the Deed of Trust was drawn up, by a solicitor, between him and our father. My eldest brother is Executor of father's Will but stepson will not show him this document because that would be "prying into out father's private business". My eldest brother lives abroad, in a different time zone, which is a bit awkward for contact. Also, only he can discuss the case with our solicitors - so I have to rely on him making contact. We have not been able to speak to solicitor for about a month now because he has been away but is now returned to work. Have urged my brother to make contact this week. We still do not know who has entered the Caveat, my brother thinks it is only because of the unpaid bill owing to another solicitor who has possession of the Will (they tried to get Power of Attorney for us when my father was ill - but failed to do this before he died, so my brother did not pay the bill). Brother thinks, when we have assured them the bill will be paid on release of funds from father's estate, the Will shall be released and the Caveat lifted (he thinks solicitors brought Caveat). I don't see any proof of this, I still need to know exactly who has brought this Caveat - because (once Will is released) and Probate is applied for, we my still find the Probate is blocked because of Caveat from another party (i.e. our stepbrother). In which case, we could be in for weeks or months going through the Court - which I am desperately hoping to avoid. I know we need to take our solicitor's advice but it is driving me to despair when I must rely on someone else to contact them - and the solicitor doesn't seen to be doing anything and is away most of the time. If we change solicitors it can't be my decision, I am not the Executor. Maddeningly frustrating!!0 -
Delphinium_Blue wrote: »Not sure who were the trustees of the life interest trust (Deed of Trust).
You may be confusing two different things.
There would presumably be a Life Interest Trust set up by your stepmother's will. This trust would have its own trustees. Who are they? What were the terms of that trust? (Your stepmother's will is a public document - you or your solicitor can get hold of it.)
Separately and later, apparently, your stepbrother struck a deal with your father, formalised as a "Deed of Trust". If he believes this means that your father's estate owes him some money he'll have to make his case to your father's executors. There's no reason on earth why they should take his word for it; he'd have to show the document, I'd have thought, presumably to the executors and their solicitor.
I'm no lawyer, but the claim that the bilateral deal between your father and his stepson somehow replaced the original Life Interest Trust seems implausible to me.Free the dunston one next time too.0
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