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Probate

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  • Probate

    hi I have entered a caveat and my sister issued a warning I have a sealed appearance button I don’t know where I go from here I sasked for as copy of will my sister is using she sent me an unsigned copy so I can’t find out who witnesses are or where the will was made which I don’t believe it to be real I am obtaining a copy of mams real will ytomorrow
    Tags: None

  • #2
    Hi JoycieBabe2,

    What is it you're trying to achieve with the caveat? Are you questioning the validity of the Will or are you considering making a claim against the estate. If you can let us knoe the reasons for the caveat we may be able to point you in the right direction.
    I am a qualified solicitor and am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

    Comment


    • #3
      Originally posted by Peridot View Post
      Hi JoycieBabe2,

      What is it you're trying to achieve with the caveat? Are you questioning the validity of the Will or are you considering making a claim against the estate. If you can let us knoe the reasons for the caveat we may be able to point you in the right direction.
      I have reason to believe my sister lied to my mother and got her to make the Will she has the solicitor who made the will has actually lied to me as well I have a will that was made 6 months before the one she holds the one I have I got from my mothers solicitor she had used for decades I only got it when I got a death certificate on the other hand the one she’s got she has been passing it round for years apparently she asked for 2 signed copies 3 year before my mother died and said they were George me which is not true she has put £40,000 of my mothers money in her partners account before my mother died

      Comment


      • #4
        Hi again,
        unless she had a lasting power of attorney in place that allowed her to obtain a copy of the Will a lawyer should not release it to her. It is confidential to their client ie your mother.
        Have you had notice of an appearance as yet? A grant can’t be issued until the caveat is removed soif you have genuine doubt about the validity of the Will I would strongly recommend you seek some face to face legal advice from a contested probate lawyer.
        your mother can of course change her Will at any time that was her choice but if you do not believe this was her wish then it may be sensible to request a copy of her file from the lawyers who prepared the most recent Will. If you search the forum for Larke v Negus you will see what information you need to be requesting from them.
        proving a Will has been made while the person is being unduly influenced can be very difficult to show.
        There may be solicitors who will offer a free initial appointment that can talk you through the process and suggest what options there may be for you.
        Dont forget to renew the caveat before the 6 mth time limit otherwise it will lapse and then probate can be granted.
        I am a qualified solicitor and am happy to try and assist informally, where needed.

        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

        If in doubt you should always seek professional face to face legal advice.

        Comment


        • #5
          Originally posted by Peridot View Post
          Hi again,
          unless she had a lasting power of attorney in place that allowed her to obtain a copy of the Will a lawyer should not release it to her. It is confidential to their client ie your mother.
          Have you had notice of an appearance as yet? A grant can’t be issued until the caveat is removed soif you have genuine doubt about the validity of the Will I would strongly recommend you seek some face to face legal advice from a contested probate lawyer.
          your mother can of course change her Will at any time that was her choice but if you do not believe this was her wish then it may be sensible to request a copy of her file from the lawyers who prepared the most recent Will. If you search the forum for Larke v Negus you will see what information you need to be requesting from them.
          proving a Will has been made while the person is being unduly influenced can be very difficult to show.
          There may be solicitors who will offer a free initial appointment that can talk you through the process and suggest what options there may be for you.
          Dont forget to renew the caveat before the 6 mth time limit otherwise it will lapse and then probate can be granted.
          I have a sealed appearance and I have asked the person who made the will questions which he has actually lied on the answers because they wouldn’t give me a signed one but I got one and found the person who witnessed the will and her answers don’t tally up with the financial advisor who drafted the will she isn’t going to challenge the probate because she already has took most of money before my mam died and put it in her partners account so there is 10,500 in the council and she wants to just give me 5 as she says that’s half but it’s not what can I do to stop her spending the other money as she hasn’t got probate she shouldn’t be allowed to

          Comment


          • #6
            She did have a power of attorney
            Originally posted by Joycie babe2 View Post

            I have a sealed appearance and I have asked the person who made the will questions which he has actually lied on the answers because they wouldn’t give me a signed one but I got one and found the person who witnessed the will and her answers don’t tally up with the financial advisor who drafted the will she isn’t going to challenge the probate because she already has took most of money before my mam died and put it in her partners account so there is 10,500 in the council and she wants to just give me 5 as she says that’s half but it’s not what can I do to stop her spending the other money as she hasn’t got probate she shouldn’t be allowed to
            She did have a power of attorney for health and welfare only but that was took off her because it was fraud the signatures

            Comment

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