Letter Before Action

Keep_pedalling

How long ago did the testator die? 

If claiming  under the Inheritance (Provision for Family and Dependants) Act 1975 they are well out of time to start legal action. 

JoJo445

On the subject of caveats, he has also demanded that I provide a written undertaking not to sell, transfer, or otherwise dispose of any property or other assets of the Deceased’s estate.

As there is a caveat already on the estate, doesn't that mean that I (and the other Executors, including him) are already bound by these rules (due to the lack of grant of probate)?

I should mention that there is no property, just monies in a bank account (which is locked in and no-one can touch) and a few pieces of modest furniture.

I would like to push back on the request for an undertaking but not sure how to word it in an effective way.

Thanks all for your support

Keep_pedalling

JoJo445 said:

There is a permanent caveat on the estate and probate has not been granted.

That requires a courts to remove it you really need to take legal advice on how to proceed. 

JoJo445

Hi Keep_pedalling,

He died 5 years ago but this is not an inheritance act claim, unfortunately.

mta999

I am curious - on what grounds do they want to invalidate the latest will and probate the previous will

JoJo445

Hello mta999,

The grounds are: lack of testamentary capacity, undue influence, lack of knowledge and approval 

JoJo445

Keep_pedalling said:

JoJo445 said:

There is a permanent caveat on the estate and probate has not been granted.

That requires a courts to remove it you really need to take legal advice on how to proceed. 

Yes, I have had legal advice on and off throughout, especially at the beginning. Unfortunately, I cannot afford a Solicitor anymore so I am now navigating it alone.

The only thing I wanted advice on was whether I had a right to ask for an updated letter of claim (advice now received on that, thanks!) and whether I can push back on the undertaking I have been asked to provide (please see my earlier post). I think it is unnecessary to ask this of me as no-one is allowed to sell, transfer, or otherwise dispose of any property or other assets of the Deceased’s estate (including myself) until probate is granted. That in itself should be sufficient in my opinion, but I was interested in other opinions on this too.

Thank you

sheramber

Solicitor costs would come out of the estate so there could be nothing left to fight over. 

JoJo445

sheramber said: Solicitor costs would come out of the estate so there could be nothing left to fight over. 

Hello sheramber,
I assumed the unsuccessful party would pay the Solicitor costs (but ultimately determined by the court). I suppose each case differs though.

SadCodeMan

I guess the point for the family member who is disputing the will is that they are potentially figting themselves.

If they win, the estate pays the legal costs and there is (potentially) nothing left for them to inherit.

If they lose, they pay the legal costs and they again end up with nothing (after maybe paying their costs from the smaller amout they still inherit.)

Obviously others would also do less well but they seem to be on the wrong side of both bets.

The only winner (as is very often the case) would be the legal teams...