Caveat fraud

Norifan

No appearance that I have heard at the time of writing, warnings to the first two caveats were sent out in June, but then his solicitor said she hadn't received it
( she was only representing the first caveator but not his partner) she is now no longer representing him either, no reasons given?? So my solicitor re-sent both recorded delivery around 4 weeks ago direct to their address and has now written to probate to have the first two caveats removed and sent the warning to the 3rd fraudulent caveat last Friday. I can't see how he can lodge an appearance in all honesty as he has no claims at all on my mother's estate, then again he thinks he can get away with anything, I feel we should have been at the current stage (warnings etc) at the latest last Xmas time. But my solicitor seems to drag everything out.
The lad himself feels he has a claim on his grandfather's estate( my mother's partner) his mum died just before her dad but his will was written in a way that her share then goes to her brother, his uncle. There is a certain amount of ambiguity in the will so he may or may not have a claim. However it is a totally seperate estate from my mother's, they were tenants in common so I am the sole Beneficiary of her will. His only reason to put a caveat on my probate is to stop the house being sold in the hope of forcing his uncle to split the estate. But he has not made a claim on that estate except to try to do it through my solicitor which is ridiculous, yet it is me who foots all the legal and household bills as executor of my mother's estate.

getmore4less

Get the person that has had identity theft to get involved.

Norifan

That's the idea. If the probate office will listen

M.E.

Dear Norifan
There are only a few reasons that someone can contest a will. On the face of it the caveator has not made a valid reason for placing a caveat to contest THE WILL of your mother. Has he had a copy of the will?

Has probate been granted on his mother's will. Has probate been granted on the grandfather's will? The reason he has placed a caveat on YOUR mother's will is that there may not been finalization of the estates of his mum and then his grandad. If probate has been granted on the two estates then the executors of those estates should have distributed the estates, according to their wills and in the order in which they died.
As the three deaths seemed to have happened in a short time frame it seems to be that the executor(s) of the mum and then grandad should have to have sorted out first the mum's estate and then grandad's estate. As the grandfather seemed to have a property it is for the executor of his will to sort out any inheritance(s) especially if it involved the property. If, for argument's sake, the grandfather's will gave a proportion of the property or part proceeds to people other than your mother, then your mother can only inherit that portion left to her. If the grandfather's will gave all the property to your mother then you as her executor have to make sure that his executor has completed probate, or the authority to deal with the property. Until then the property would remain in limbo.

Our case was different as we had placed the Caveat and it went before the Master, who basically ascertained if there was a case to answer, prior to it going to court. {The Caveator in our case was a person entitled to place a Caveat and the Executor was a Solicitor. }

getmore4less

Are you using a specialist solicitor?

Norifan

I don't think the solicitor is a specialist, it's the same solicitors which my mother always used, so I thought it better to stick with them when applying for probate originally,even though it is 100 miles from my home as is the property. the litigation solicitor sort of inherited the case after the caveat.
The caveators mother's will doesn't come into it, she died in Jan 13 her father(the grandfather) in April 13, my mother in April 17. My mother was executor of the grandfather's will but she was 78 when he died and never applied for probate(nobody advised her apparently, I wasn't involved) she just carried on living in the house which she half owned and didn't need probate for his bank accounts. As mentioned previously the grandfather's will states that his share of the house be left to his son & daughter "as shall survive me and if more than one in equal shares" I was told by two independent solicitors that it now goes to the son but seemingly there has recently been a court case which ruled differently? Either way it makes no difference to my mother's will. I feel that the probate office should be involved more because I am forced to pay legal fees to get the caveat removed yet I have no jurisdiction over the grandfather's will. If he doesn't appear to the warnings I can't go to court.

Norifan

The probate solicitor also says that probate isn't now needed for the grandfather's will I can't really understand but haven't had it explained clearly. It wouldn't get us any nearer if it was but would stop me from copping for all the legal fees.

Norifan

By the way how do you use the quote facility on this forum, clicking on the plus button then quote button doesn't seem to do anything, nor does the quote icon in the fonts etc section?
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TcpnT

By the way how do you use the quote facility on this forum, clicking on the plus button then quote button doesn't seem to do anything, nor does the quote icon in the fonts etc section?

Copy / Paste text. Then highlight and click quote icon

Norifan

Copy / Paste text. Then highlight and click quote icon.
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