Contesting a will help

p00hsticks

njjr19 said:

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)

Forget any mention of caveats - these are only relevant to stop probate being granted. I introduced the word originally because it wasn't clear initially where you were in the process, but it's now obvious that probate has aready been obtained so you are past that stage.

Your situation is that someone has challenged the will within the six month timeframe after probate has been granted. I don't know of any hard and fast timescales applicable in this case, but the executor will not want to proceed with distributing the estate (even though the fact that they have probate gives them the authority to do so) until they are satisfied that the challenge has been dealt with on one way or another. I've no knowledge of how this would be achieved - I imagine it either has to be established that the challenge has not merit or the estate has to come to some sort of settlement with the person challenging the will. Either could involve lengthy and expensive legal action.

getmore4less

Depends what they mean by "put a hold"

Most of the work has to be done before applying for the grant, creating the inventory and valuation of assets

Post grant issue its collecting in the assets, maybe some disposals and drawing up the account for distribution. 

While there is potential for a legal challenge they would be very unwise progress to distribution or assent of any property

They may want to be cautious about any asset disposal like a property

They could probably continue with collecting in cash assets