getting a caveat of probate removed

drhchem71

The estranged son of my uncle has lodged a caveat of probate against his father's will. They did not speak for 5 years before his death. He has been sent the will and letter of wishes, which clearly show his father's intentions. He is still a named beneficiary of a discretionary trust that is to be set up after probate to deal with his father's business income. The trustees are my brother and mother with intended beneficiaries to be my children and my sisters children. He is financially very secure with multiple properties from other inheritance within the family.

We have taken legal advice but I wanted to know if anyone had had this issue and what happened.

We are awaiting his response and I'd rather sort it out amicably (he won't speak to anyone)

tacpot12

I know someone who had this happen in Australia. And I know as a result of this that the rules are different in England compared to Australia, so the country in which the Will was made might be significant. 

In the case I'm aware of a mediator was employed and a settlement was agreed via the mediation. The person who applied the caveat received about 1/3rd of what they wanted. 

 

Dave_5150

drhchem71 said:

The estranged son of my uncle has lodged a caveat of probate against his father's will. They did not speak for 5 years before his death. He has been sent the will and letter of wishes, which clearly show his father's intentions. He is still a named beneficiary of a discretionary trust that is to be set up after probate to deal with his father's business income. The trustees are my brother and mother with intended beneficiaries to be my children and my sisters children. He is financially very secure with multiple properties from other inheritance within the family.

We have taken legal advice but I wanted to know if anyone had had this issue and what happened.

We are awaiting his response and I'd rather sort it out amicably (he won't speak to anyone)

What did they say?

drhchem71

Our solicitor has written to him and given him 14 days to respond and asked him to remove caveat 

madbadrob

drhchem71 said:

Our solicitor has written to him and given him 14 days to respond and asked him to remove caveat 

And that is the first step.  It doesnt matter what any of us here think or believe.  WHat you havent said is what the caveat states and I appreciate that is a personal matter.  If the caveat as legal basis and he refuses it could cost the estate a lot of money

Rob

Keep_pedalling

madbadrob said:

drhchem71 said:

Our solicitor has written to him and given him 14 days to respond and asked him to remove caveat 

And that is the first step.  It doesnt matter what any of us here think or believe.  WHat you havent said is what the caveat states and I appreciate that is a personal matter.  If the caveat as legal basis and he refuses it could cost the estate a lot of money

Rob

The caveat won’t state any reason. It costs just £3 to enter a one and the application form does not ask for a reason why, which makes it easy for someone who just wants to create trouble for the executors.

The next step is to serve a ‘warning’ with the probate office, which will require the son either to withdraw the caveat or to provide a reason why the caveat should remain in place. If the latter happens and it is accepted them things will start to become expensive, and courts will need to become involved.

https://grantsaw.com/services-for-you/contested-trust-and-probate-disputes/lodging-a-caveat-or-seeking-to-remove-a-caveat

madbadrob

Keep_pedalling said:

madbadrob said:

drhchem71 said:

Our solicitor has written to him and given him 14 days to respond and asked him to remove caveat 

And that is the first step.  It doesnt matter what any of us here think or believe.  WHat you havent said is what the caveat states and I appreciate that is a personal matter.  If the caveat as legal basis and he refuses it could cost the estate a lot of money

Rob

The caveat won’t state any reason. It costs just £3 to enter a one and the application form does not ask for a reason why, which makes it easy for someone who just wants to create trouble for the executors.

The next step is to serve a ‘warning’ with the probate office, which will require the son either to withdraw the caveat or to provide a reason why the caveat should remain in place. If the latter happens and it is accepted them things will start to become expensive, and courts will need to become involved.

https://grantsaw.com/services-for-you/contested-trust-and-probate-disputes/lodging-a-caveat-or-seeking-to-remove-a-caveat

Interesting as I was always led to believe there had to be a valid reason for a caveat to be added (solicitors words)  I probably misinterpreted their words.  

Your final sentence I belive should read "if the latter happens and isn't accepted......"  

drhchem71

As said above you don't get told if a caveat has been applied for or why. We only knew as our solicitor asked the probate office - we thought we would check after first contact from estranged son. We have given him the information he required and now it is a waiting game. Anyone can lodge a caveat with no real reason , other than to delay things! 
I wanted to hear from anyone who has been through the second stage of issuing a warning and even worse than that going to court