Sister has put in a caveat

Shezzy1

doodling said:

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?

We were using probate Uk. They have told us we need a solicitor now as they can’t take on family feuds and legal matters. We should have seen a solicitor today but they never confirmed. We are now looking for a solicitor in the West Midlands Wolverhampton/ Walsall area who deals with probate, family feuds and estates. 

theoretica

I wonder - it wouldn't be the cheapest, but it might be simpler, for you to employ solicitors to handle all of probate.  Do you think she might back down if it wasn't you doing the work, but an independent professional?

Shezzy1

theoretica said:

I wonder - it wouldn't be the cheapest, but it might be simpler, for you to employ solicitors to handle all of probate.  Do you think she might back down if it wasn't you doing the work, but an independent professional?

The company undertaking probate is a company she started probate with. It wasn’t until she presented the will and she was not a named executor that she hit a brick wall and asked us to step in. So no, it doesn’t matter who it is; she just wants complete control. I believe if she was given probate duties she would actually take all the money without a care. 

TheInheritanceProblemSolver

I am sorry to hear of your predicament.

A caveat can be dealt with in a number of ways and there are pros and cons in each instance.

Firstly, you can simply wait for the caveat to expire. If it is not renewed, you will be able to obtain a grant of probate and administer the estate. However, simply waiting is not recommended because if the caveat is renewed the situation will likely continue indefinitely until stronger action is taken.

Instead, you can issue a "warning" against the caveat. The warning is a specific document provided for by the Non Contentious Probate Rules. The form can be obtained online. The form should be served upon your sister’s solicitor. If there is no formal response within eight working days, or if the response is inadequate, then you will be able to set aside the caveat and obtain a grant.

Whilst the issuing of a warning should occur, this may not solve the problem. Your sister will have an opportunity to "enter an appearance" in response to that warning. If she does this for proper reasons, the caveat itself will become permanent and will not be removed at all without an order of the court.

Should this occur, it would be necessary to apply to the court for an order setting aside the caveat and "pronouncing in favour of the will in solemn form".  Your sister will be provided with an opportunity to explain why this should not occur, and if her reasons are inadequate the caveat will be set aside and you will be able to obtain a grant to administer the estate.

There are organisations, such as CPAID Solutions (www.cpaid.co.uk), that specialise in sourcing solicitors to assist people with inheritance disputes on a no-win no fee basis.