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Advice for a co-executor to issue a caveat?

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  • #16
    Re: Advice for a co-executor to issue a caveat?

    <any thanks for your reply........yes very strange indeed but then again both "may" have issues if the Will is found invalid.

    I did speak to a specialist ACTAPS solicitor, cost me personally 350....he stated I was well within my rights to have concerns and investigate the will but wanted 2.5k upfront and at this stage I just can't pay that sort of money out.....assume the drafting solicitor now acting for the co-exec is charging them and not the estate as I haven't agreed to their use....they actually assumed they would be instructed at the outset and were not happy when I declined to use their services.

    I will repeat my L & N request, supply a schedule of assets and a progress report on probate whilst declining to get involved in any tit for tat exchanges on side issues.

    Given they are accusing me of delaying things by requesting a L&N I would assume that by denying to comply it is in fact themselves delaying probate?

    Originally posted by Peridot View Post
    It is somewhat strange the co-exec has instructed them without reference to you to deal with the Probate when they had agreed to a Larke v Negus request??
    I would reiterate the request for the copy of the will file and confirm that until you are able to be assured the Will is valid you are unable to proceed with obtaining the Grant.

    Of course if all other beneficiaries are in agreement then the once probate has been obtained then a Deed of Variation could be prepared? I think you really should get some advice from a lawyer regarding this. It does seem to be heading toward litigation of some sort and that may not be necessary.


    • #17
      Re: Advice for a co-executor to issue a caveat?

      4+ weeks since initial L & N letter and 2 weeks since it was repeated......still no acknowledgement of receipt let alone compliance...how long would be reasonable to allow them to respond?

      Many thanks in advance.



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