Caveat and Probate

Beckybxx

Hi, Can you file a Caveat if the will doesn't need to go through probate because its under a certain amount. Im looking to file one because of validity as the will changed in the last two years. I dont want to go in to too much on here but I believe the will to be under the amount that would need to be registered for probate so can I still file a Caveat?

Savvy_Sue

You can, but if it's never sent for probate then the caveat will never come into effect, will it?

It may be worth doing because you can't be sure the will WON'T be sent for probate: some banks will require probate for very small values, for example.

Beckybxx

Thank you for your speedy reply. I will file one just in case.

nom_de_plume

Beckybxx wrote: »

Hi, Can you file a Caveat if the will doesn't need to go through probate because its under a certain amount

When you say it's under a certain amount, are you referring to inheritance tax levels or simply the value of the estate (e.g. just small sums in bank accounts)? If the former, it may still need to go to probate if there's such things as a house, shares, etc.

Sea_Shell

Sorry to hear this.

Who is this person (to your Mum) who is now claiming to be the executor/sole beneficiary? I'm assuming from what you've written, it's not another child (another sibling of yours)?

Are they another family member? Friend? or new Partner?

Keep_pedalling

Beckybxx wrote: »

Hi Sea Shell. the person in question is an acquaintance who lived local to her, he isn't a family member or a new partner. I have never met him and only acquired his telephone number through the text he sent stating nothing had been left to us in the Will and then he blocked us. I have tried calling and messaging from another number to no avail.

It is highly unusual for children to be written out of a will for someone with no family or romantic connection. If you think that foul play of some kind was involved in changing the will then you really only have 2 options. One is to take legal action, which for a small estate will be costly if you lose, the other is to simply throw in the towel.