Sister has put in a caveat

Shezzy1

Me and my brother are executors of the will. We started probate 7 weeks ago to be told today my sister has placed a caveat on the probate application. My sister will not speak to us, she has changed the locks on moms property (which has been left to my brother until his death) and has instructed a solicitor to act on her behalf any correspondence has to go through her solicitor, she won’t take calls or answer the telephone. We have no idea why she is doing this. We are named executors, going through a probate company and have no idea why she is doing this!! The caveat is in place until jan 22. What can we do? She wants complete control over everything and she has stated no one will get a penny unless she is given executors rights? 

Keep_pedalling

This forum seemed to be plagued by terrible siblings at the moment, and it is really sad. The first thing you and your brother should do is change the locks again the executors are the only people entitled to have access. If your brother is planning to live in it he should move in to stop her doing it again.

Shezzy1

sorry, this is my other brother who has been left the property until his death; after his death the property is distributed to remaining siblings or their children. So the brother living their and my sister who doesn’t live their have changed the locks. As executors we can’t change the ownership into our names until probate is granted. It’s a nightmare! 

Shezzy1

Keep_pedalling said:

This forum seemed to be plagued by terrible siblings at the moment, and it is really sad. The first thing you and your brother should do is change the locks again the executors are the only people entitled to have access. If your brother is planning to live in it he should move in to stop her doing it again.

Honestly; my sister is evil!! 

Keep_pedalling

Shezzy1 said:

sorry, this is my other brother who has been left the property until his death; after his death the property is distributed to remaining siblings or their children. So the brother living their and my sister who doesn’t live their have changed the locks. As executors we can’t change the ownership into our names until probate is granted. It’s a nightmare! 

OK forget what I said about changing them again. 

74jax

So the brother living there and the sister get on?

Surely the brother living there an have who he wants there (including his sister).  I bet Ms have thought its him changing the locks not her?

What else was left, why does she think no one else will get a penny, she isn't distributing the estate.

Pennylane

Often it’s pure spite and complete awkwardness.  It costs just £3 for someone to put a caveat on a probate application and, as in your case, they won’t even say why they have done so.  It gets worse, because in 6 months time they can just pay another £3 and extend the caveat for another six months. It is a disgrace and really needs looking at! 

Shezzy1

Pennylane said:

Often it’s pure spite and complete awkwardness.  It costs just £3 for someone to put a caveat on a probate application and, as in your case, they won’t even say why they have done so.  It gets worse, because in 6 months time they can just pay another £3 and extend the caveat for another six months. It is a disgrace and really needs looking at! 

It’s so stupid! My sister wants complete control we feel for interior motives. She manipulates my youngest brother; I feel they want the flat and all the money mom has left for the 7 siblings. She will not rest until all the money has gone in solicitors bills rather than let the named executors do their duty. We have even given her the full rights to have whatever she wants on the gravestone as she would not compromise on the epitaph that the family wanted. 7 months moms been gone and no headstone yet; due to their control. Just feel like saying take the lot and leave us alone. It’s so stressful. My brother has had 3 mini strokes caused by the stress of it all. 

Keep_pedalling

Your first step should be to issue a warning.

https://www.georgegreen.co.uk/site/george-green-blog/will-disputes-what-is-a-caveat

SevenOfNine

Who registered the death?  Assume bank account/s have been frozen but they'll still pay out just on the strength of the death cert if it's below their threshold (Lloyds is £50k & I believe others are similar), surprisingly easily without sight of the Will or probate grant if it's to the person who registered the death, & that person is willing to sign a disclaimer for the bank. Bank is covered but you're left with another problem! 

If you didn't register it I'm not sure if a visit to the bank/s with the Will MIGHT ensure all monies remain where it is regardless of who registered the death & goes in waving the death cert. 

Both executors might want to investigate putting a caveat on the property via Land Registry, registering your interest in it, I don't think anything can be changed 'just like that' by difficult brother or sister, but maybe just safer not to find out it could, the hard way!  Others may know more about that. 

This explains some of the probate caveat https://www.georgegreen.co.uk/site/george-green-blog/how-do-i-remove-a-caveat and what action you might consider. Hopefully your probate solicitor can handle contentious probate for you.

Only communicate via her solicitor, she'll have to foot the bill for that. Frankly, I wouldn't be blackmailed into adding her as executor, because that's what this is, blackmail.

Robert_McGeddon

SevenOfNine said:

Who registered the death?  Assume bank account/s have been frozen but they'll still pay out just on the strength of the death cert if it's below their threshold (Lloyds is £50k & I believe others are similar), surprisingly easily without sight of the Will or probate grant if it's to the person who registered the death, & that person is willing to sign a disclaimer for the bank. Bank is covered but you're left with another problem! 

If you didn't register it I'm not sure if a visit to the bank/s with the Will MIGHT ensure all monies remain where it is regardless of who registered the death & goes in waving the death cert. 

Both executors might want to investigate putting a caveat on the property via Land Registry, registering your interest in it, I don't think anything can be changed 'just like that' by difficult brother or sister, but maybe just safer not to find out it could, the hard way!  Others may know more about that. 

This explains some of the probate caveat https://www.georgegreen.co.uk/site/george-green-blog/how-do-i-remove-a-caveat and what action you might consider. Hopefully your probate solicitor can handle contentious probate for you.

Only communicate via her solicitor, she'll have to foot the bill for that. Frankly, I wouldn't be blackmailed into adding her as executor, because that's what this is, blackmail.

All good advice, IMO.

I think that, in practical terms, it is desireable you point out to your sister who is responsible for solicitors' fees. Your brother and you as named executors ("in waiting") can have all legal (or Probate Company) costs in administering the Estate paid for by the Estate BEFORE distribution to the beneficiaries. If your sister incurs legal costs then they are not recoverable from the Estate and she will have to pay them personally (unless the solicitors are acting on a no-win, no-fee basis - quite unlikely). If she's asking her solicitors to get involved in routine correspondence handling then their costs will be mounting up.