Sister has put in a caveat

Robert_McGeddon

Do you know on what grounds your sister has caused a caveat to have been entered?

Keep_pedalling

Robert_McGeddon said:

Do you know on what grounds your sister has caused a caveat to have been entered?

You don’t have to provide grounds to enter a caveat. 

Shezzy1

Keep_pedalling said:

Robert_McGeddon said:

Do you know on what grounds your sister has caused a caveat to have been entered?

You don’t have to provide grounds to enter a caveat. 

Keep_pedalling said:

Robert_McGeddon said:

Do you know on what grounds your sister has caused a caveat to have been entered?

You don’t have to provide grounds to enter a caveat. 

We have no idea on what grounds she has submitted a caveat

Shezzy1

May I thank everyone for this advice. 

We have just found out my sister has been to the flat and taken all moms jewellery which should have been mine and hers gifted in the will. I didn’t think we could take anything from the estate until after probate? I really want to report this to the police? Can I do this? Also, do they have the rights to change the locks when we are executors? I can’t even get into moms flat now. 

Shezzy1

74jax said:

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.

Yes my sister manipulates my youngest brother. I believe she wants charge of everything including the flat and the money. She has also taken and sold my moms jewellery now which was left to us both. I’m so upset. 

doodling

Hi,

Shezzy1 said:

May I thank everyone for this advice. 

We have just found out my sister has been to the flat and taken all moms jewellery which should have been mine and hers gifted in the will. I didn’t think we could take anything from the estate until after probate? I really want to report this to the police? Can I do this? Also, do they have the rights to change the locks when we are executors? I can’t even get into moms flat now. 

As executors you because the legal owners of the flat at the point the death occurred, holding it on trust for the beneficiaries.  Probate simply confirms that and allows you to deal formally with organisations which want an official piece of paper.

As executors you are required to act to ensure that the estate is preserved and the assets are distributed according to the will.

It is not very clear from what you have written whether the brother currently occupying the property is the same brother who has a life interest in it.  If he is then there isn't too much you can do in terms of forcing access as he is entitled to be there and (more or less) entitled to treat it as his own, while he lives.  If he isn't then you can get a locksmith out / break a window / whatever and force access.

As executors, you need to assess what assets there are, including any specific requests in the will.  If you believe that someone else has possession of those assets then you need to secure them as best you can.  In the case of jewellery can you make a list of what you believe should be there?  If you have a high level of confidence that you sister has the jewellery then I would write to her solicitor noting that fact and asking for its return, ideally listing what you believe she has taken.  In general, you are entitled to make secure all assets which are dealt with by the will - if there are items in the house which need to be distributed / sold then you need to write to the occupier of the house requesting access to retrieve those assets.  Make sure you set a reasonable deadline.  At this point you can't force anything (subject to my "which brother" question), but you need to start writing letters to document what is going on so that if it does end up in court, it is clear to see what you have done and how others have responded to that.

Who is dealing with probate - you mention a "probate company" - are these solicitors?  Are they named in the will or are they someone you have chosen to employ?  You may not be able to answer this question, but are they competent to deal with a case like this which appears to be contentious?

Keep_pedalling

Shezzy1 said:

May I thank everyone for this advice. 

We have just found out my sister has been to the flat and taken all moms jewellery which should have been mine and hers gifted in the will. I didn’t think we could take anything from the estate until after probate? I really want to report this to the police? Can I do this? Also, do they have the rights to change the locks when we are executors? I can’t even get into moms flat now. 

As this is your brother’s home, and the will gives him a life interest in it I think he has a right to change the locks so not much you can do there. Easy to say with hindsight, but as executors you would have been wise to secure  your mother’s jewellery by removing it from the house. You did not need probate to do this the will gave you the powers to do it.

Unfortunately the police are likely to dismiss your sister’s theft as a civil matter.

Pennylane

Keep_pedalling said:

Shezzy1 said:

May I thank everyone for this advice. 

We have just found out my sister has been to the flat and taken all moms jewellery which should have been mine and hers gifted in the will. I didn’t think we could take anything from the estate until after probate? I really want to report this to the police? Can I do this? Also, do they have the rights to change the locks when we are executors? I can’t even get into moms flat now. 

As this is your brother’s home, and the will gives him a life interest in it I think he has a right to change the locks so not much you can do there. Easy to say with hindsight, but as executors you would have been wise to secure  your mother’s jewellery by removing it from the house. You did not need probate to do this the will gave you the powers to do it.

Unfortunately the police are likely to dismiss your sister’s theft as a civil matter.

Quite right Keep Pedalling!  i am in a very similar position and had Police out several times and they say it’s a civil matter.  I will never get back items left to me in a will, nor items of massive sentimental value nor loads of cash which should rightly go into the estate. It is making me very ill and has caused untold stress.   I feel really sorry for the OP. 

BooJewels

Is it your sister, or sister-in-law?  It appears that the OP has both an evil sister and an evil sister-in-law - both invoking caveats and both mother and mother in law dying in quick succession.  My sympathies for your significant misfortune: 

https://forums.moneysavingexpert.com/discussion/6266698/suspicious-sister/p1

Pennylane

???????? Waiting for update