Over a year and still getting nowhere with probate - possible caveat placed?

cupid07

My father died last year and over a year on probate has still not been granted. My brother stated he was unhappy with the distribution of the will, we both got the same distribution but its not enough for him. I am the executor and I believe has has entered a caveat on the will but I have not been informed of this, possibly questionning the validity. I have been asked questions like - did your father always sign this way, were there any medical issues etc. He cannot claim under the inheritance act because hes already in the will and he lives in a huge property of his own so hes wasn't financially dependent, the entire thing is pretty unreal. However the delays are causing huge stress and I've not been informed as to what is going on or why this has been delayed. In their last messaging to me, they asked for his previous will. This seems odd as the latest will revoked the previous will AND the contents of distribution between him and I remains the same. There were only some minor changes and none of those changes were anything to do with how the estate was distributed. Can anyone tell me how can I find out if hes put a caveat on this will and how I can get it removed to push things forward as at this point, its just delay after delay and i'm not getting any answers. 

Keep_pedalling

If he had placed a caveat the probate office should have informed you, but even if he had it would not have triggered the PO to ask questions like this. A caveat does not list the reasons why it was submitted.

Was this will drafted by a solicitor? Was it made close to his death? 

cupid07

I did move address during last year so is it possible they informed me at my old address? like what if my brother gave them my old address? 

It was written two years before death and yes at a solicitors. 

p00hsticks

cupid07 said:

 In their last messaging to me, they asked for his previous will. This seems odd as the latest will revoked the previous will AND the contents of distribution between him and I remains the same. There were only some minor changes and none of those changes were anything to do with how the estate was distributed. 

If you have the original copy of the previous will, then I'd suggest that you send it as requested - take a copy first but avoid moving or removing any staples, paper clips etc. If nothing else, assuming that there is a reasonable length of time between the two, the earlier one would presumably help to show them that the later one was not made under undue influence etc, and if there is a reason for the latter one being invalid, the earlier version will be the one that would need to be executed ......

cupid07

p00hsticks said:

cupid07 said:

 In their last messaging to me, they asked for his previous will. This seems odd as the latest will revoked the previous will AND the contents of distribution between him and I remains the same. There were only some minor changes and none of those changes were anything to do with how the estate was distributed. 

If you have the original copy of the previous will, then I'd suggest that you send it as requested - take a copy first but avoid moving or removing any staples, paper clips etc. If nothing else, assuming that there is a reasonable length of time between the two, the earlier one would presumably help to show them that the later one was not made under undue influence etc, and if there is a reason for the latter one being invalid, the earlier version will be the one that would need to be executed ......

what would be the purpose of there needing to be a reasonable length of time between the two? especially if the way the estate is distributed remains the same? Surely there could only be undue influence if it was distributed differently in the former and it isn't? 

p00hsticks

cupid07 said:

p00hsticks said:

cupid07 said:

 In their last messaging to me, they asked for his previous will. This seems odd as the latest will revoked the previous will AND the contents of distribution between him and I remains the same. There were only some minor changes and none of those changes were anything to do with how the estate was distributed. 

If you have the original copy of the previous will, then I'd suggest that you send it as requested - take a copy first but avoid moving or removing any staples, paper clips etc. If nothing else, assuming that there is a reasonable length of time between the two, the earlier one would presumably help to show them that the later one was not made under undue influence etc, and if there is a reason for the latter one being invalid, the earlier version will be the one that would need to be executed ......

what would be the purpose of there needing to be a reasonable length of time between the two? especially if the way the estate is distributed remains the same?

It would show that the deceased had been thinking of leaving their estate in more or less the same way for a number of years, and so wasn't suddenly being unduly influenced to change it radically in the later will.

cupid07 said:

p00hsticks said:

cupid07 said:

 In their last messaging to me, they asked for his previous will. This seems odd as the latest will revoked the previous will AND the contents of distribution between him and I remains the same. There were only some minor changes and none of those changes were anything to do with how the estate was distributed. 

If you have the original copy of the previous will, then I'd suggest that you send it as requested - take a copy first but avoid moving or removing any staples, paper clips etc. If nothing else, assuming that there is a reasonable length of time between the two, the earlier one would presumably help to show them that the later one was not made under undue influence etc, and if there is a reason for the latter one being invalid, the earlier version will be the one that would need to be executed ......

Surely there could only be undue influence if it was distributed differently in the former and it isn't? 

Exactly - but unless the probate office have sight of the previous will, they won't know that....

boingy

I think your next step should be to phone the probate office and ask.

cupid07

p00hsticks said:

cupid07 said:

p00hsticks said:

cupid07 said:

 In their last messaging to me, they asked for his previous will. This seems odd as the latest will revoked the previous will AND the contents of distribution between him and I remains the same. There were only some minor changes and none of those changes were anything to do with how the estate was distributed. 

If you have the original copy of the previous will, then I'd suggest that you send it as requested - take a copy first but avoid moving or removing any staples, paper clips etc. If nothing else, assuming that there is a reasonable length of time between the two, the earlier one would presumably help to show them that the later one was not made under undue influence etc, and if there is a reason for the latter one being invalid, the earlier version will be the one that would need to be executed ......

what would be the purpose of there needing to be a reasonable length of time between the two? especially if the way the estate is distributed remains the same?

It would show that the deceased had been thinking of leaving their estate in more or less the same way for a number of years, and so wasn't suddenly being unduly influenced to change it radically in the later will.

cupid07 said:

p00hsticks said:

cupid07 said:

 In their last messaging to me, they asked for his previous will. This seems odd as the latest will revoked the previous will AND the contents of distribution between him and I remains the same. There were only some minor changes and none of those changes were anything to do with how the estate was distributed. 

If you have the original copy of the previous will, then I'd suggest that you send it as requested - take a copy first but avoid moving or removing any staples, paper clips etc. If nothing else, assuming that there is a reasonable length of time between the two, the earlier one would presumably help to show them that the later one was not made under undue influence etc, and if there is a reason for the latter one being invalid, the earlier version will be the one that would need to be executed ......

Surely there could only be undue influence if it was distributed differently in the former and it isn't? 

Exactly - but unless the probate office have sight of the previous will, they won't know that....

But what would make them think that in the first place? Obviously solicitors have very strict rules, he could only be in the room by himself etc which is why I wonder if he has put a caveat on it and tried to go down that route. 

I did ask them these questions a number of weeks ago and instead they have ignored my questions so i'm at a loss as to what the problem is and can't seem to get anywhere. 

poppystar

Assuming you have answered all the Probate offices questions when raised and in a timely manner and you have asked them why this is taking time and they have not given you a response then do raise a complaint with HMCTS. 

Speculating on the why won’t get this resolved. It may be your brother, it may not be. Just stick to the facts and timeline in your complaint. 

If they come back and still have issues with the Will you will then know why and can take the next step. As a solicitor was involved then at that stage you might suggest the Probate office should approach them for an affidavit saying all was above board.