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Abuse of process

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  • Abuse of process

    Hello,
    I was the executor and beneficiary of my late mother's will. However, before I obtained probate my father entered a caveat claiming that my mother's will was not valid (in her previous will my father
    was the beneficiary
    ). Before the matter went to hearing my father agreed to withdraw the caveat on condition that "each party bore his costs of the proceedings to date". To save time and further expense I agreed.
    However, after I obtained probate I discovered he had committed fraud by taking money out of my mother's bank accounts which he was not entitled to do. Without the grant of probate I would never have discovered the crimes. I strongly believe that the sole purpose of the caveat was to prevent the discovery of the crimes. I want to bring a case of "abuse of process" against my father and seek exemplary damages. I suffered great mental and physical hardship while the caveat was in place. What would be my best course of action?
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  • #2
    Hi Raydona,
    Iím sorry to hear of the issues youíve had with your motherís estate.
    This is potentially a criminal offence if he did not have authority to remove funds from her account, it wasnít a joint account for example. Where the sums taken after her death? Was the death certificate presented to the bank prior to his removing funds?
    I feel you really need some face to face advise on this. Prepare a timeline of events and arrange a free or reduced fee initial appointment with a probate specialist.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I 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.

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