Contesting a will help

RAS

So is the daughter issuing a claim under the Inheritance Act?

You need to ask the solicitor if it is a caveat or an Inheritance Act claim?

p00hsticks

njjr19 said:

we are in the uk,

Sorry, I should have been more specific - England, Wales, Scotland or Northern Ireland ?

My understanding is that Scotland in particular have different rules about children inheriting and I think it is more difficult (impossible ?) to entirely disinherit them.

cymruchris

It sounds as though a caveat was placed. This can be placed at any time. The executor would not have been aware of it until probate was applied for. At that time, they would have been informed that probate could not proceed to being granted as the caveat was in place. The original caveat would have a shelf life of 6 months. This could then be extended at the 6 month mark, and repeatedly so until the executor issued a warning, and the party that placed the caveat would either allow it to be removed, or would make a stand, and if they did, the next step would be court. Going down that route would then be particularly expensive, and in many cases eat well into the estate value. 

I have direct experience since my dad passed away. His solicitor and executor applied for probate some months after he passed once all the accounts were identified and the property valued. They advised that if they proceeded to a warning, and the person concerned wanted to go to court, then the whole process could prove very costly. (Six figures costly). 

After writing to find out what the contention was, the other party's solicitor requested a Larke v Nugus request (I think it was called) - to demonstrate that the will was made correctly, with appropriate witnesses, and that my dad had been of sound mind etc. As the will had been solicitor produced, solicitor witnessed and an accompanying letter outlining the reasons they'd made their decision to write them out of the will - which had been written by my dad to be shared with the person concerned on any form of challenge, everything was as it should have been. 

Once all the details were given, including the letter, the warning was issued (during this time - they'd extended the caveat by a further 6 months) and their solicitor fell silent. The process to have the caveat removed was then completed and the probate granted. 

The caveat could last 6 months, 12 months or more - depending on how the executor feels the aggrieved party might or might not respond. The last thing that most people want (aside from the will challengers) is a lengthy expensive legal court battle - so sometimes it pays to be patient to try and find out what the other party want before issuing the 'warning'. 

My dad died in March 2021, and we are now preparing to put the property on the market. 

njjr19

cymruchris said:

It sounds as though a caveat was placed. This can be placed at any time. The executor would not have been aware of it until probate was applied for. At that time, they would have been informed that probate could not proceed to being granted as the caveat was in place. The original caveat would have a shelf life of 6 months. This could then be extended at the 6 month mark, and repeatedly so until the executor issued a warning, and the party that placed the caveat would either allow it to be removed, or would make a stand, and if they did, the next step would be court. Going down that route would then be particularly expensive, and in many cases eat well into the estate value. 

I have direct experience since my dad passed away. His solicitor and executor applied for probate some months after he passed once all the accounts were identified and the property valued. They advised that if they proceeded to a warning, and the person concerned wanted to go to court, then the whole process could prove very costly. (Six figures costly). 

After writing to find out what the contention was, the other party's solicitor requested a Larke v Nugus request (I think it was called) - to demonstrate that the will was made correctly, with appropriate witnesses, and that my dad had been of sound mind etc. As the will had been solicitor produced, solicitor witnessed and an accompanying letter outlining the reasons they'd made their decision to write them out of the will - which had been written by my dad to be shared with the person concerned on any form of challenge, everything was as it should have been. 

Once all the details were given, including the letter, the warning was issued (during this time - they'd extended the caveat by a further 6 months) and their solicitor fell silent. The process to have the caveat removed was then completed and the probate granted. 

The caveat could last 6 months, 12 months or more - depending on how the executor feels the aggrieved party might or might not respond. The last thing that most people want (aside from the will challengers) is a lengthy expensive legal court battle - so sometimes it pays to be patient to try and find out what the other party want before issuing the 'warning'. 

My dad died in March 2021, and we are now preparing to put the property on the market. 

Probate has been granted on the 17th March, so this doesn’t sound similar in that sense although the rest of the info is really helpful as the deceased in this case did her will at the solicitors and was solicitor produced and witnessed and she was of sound mind. There’s nothing on her medical records to say there was anything wrong with her mentally. 

njjr19

Apologies poohsticks I’m in England 

Pennylane

I think the OP is confused. I think they mean a caveat was placed on the application on 17 March and will remain for 6 months so “probate is at a standstill. “ 

cymruchris

Pennylane said:

I think the OP is confused. I think they mean a caveat was placed on the application on 17 March and will remain for 6 months so “probate is at a standstill. “ 

That's my thought - but the OP has stated it's been granted. I'm not sure it has been from how it's been described - but happy to stand corrected. Usually once granted, a property can be sold. (But this is from my own research and experience - so someone else might know more)

p00hsticks

Pennylane said:

I think the OP is confused. I think they mean a caveat was placed on the application on 17 March and will remain for 6 months so “probate is at a standstill. “ 

Possibly, but another possible reading of it is that probate has been granted (on 17th March) , but the estranged daughter has issued a challenge/claim on the estate via a solicitor within the permitted six month timeframe and so the executor has placed any estate dealings in hold until it is resolved.

njjr19

p00hsticks said:

Pennylane said:

I think the OP is confused. I think they mean a caveat was placed on the application on 17 March and will remain for 6 months so “probate is at a standstill. “ 

Possibly, but another possible reading of it is that probate has been granted (on 17th March) , but the estranged daughter has issued a challenge/claim on the estate via a solicitor within the permitted six month timeframe and so the executor has placed any estate dealings in hold until it is resolved.

p00hsticks said:

Pennylane said:

I think the OP is confused. I think they mean a caveat was placed on the application on 17 March and will remain for 6 months so “probate is at a standstill. “ 

Possibly, but another possible reading of it is that probate has been granted (on 17th March) , but the estranged daughter has issued a challenge/claim on the estate via a solicitor within the permitted six month timeframe and so the executor has placed any estate dealings in hold until it is resolved.

Exactly what poohsticks has described, that is where we are at, probate was granted on 17th March, then we had correspondence from the solicitor who is also executor that they had a letter from the estranged daughters solicitor (this was roughly 5 weeks ago) stating she was challenging the will. The 6mths was supposed to end on the 17th September but according to the deceased’s solicitor, probate is now at a standstill….

sorry for the confusion but I can definitely stand assured that probate was granted in March as we have the email confirming that.

njjr19

Just to add, we have had an email today with an update regarding caveat and it says there is no caveat in place. This was the update we received…..

No Caveat had been registered we have the Grant of Probate. A Caveat prevent us obtaining the Grant.

We have responded to the Solicitors instructed by ???? and await their response. We have had postal delays so I would wait another week or so before I chase them up. I have diarised to chase

and will update you further when I am in a position to do so.

are the deceased’s solicitors/executor allowed to put a hold on the probate without the caveat? If so, how long are they allowed to hold it for? 

Thanks again.

(I have put ???? In place of the estranged daughters name in the email)