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Hi, I am one of 3 executors for a family will. The other 2 executors have gone ahead and applied for probate without me. I told them I wished to act as executor, but would not agree to their choice of solicitor. I tried to find another solicitor whom we could all agree upon, but they were insistent that they want their choice. I do not want the solicitor they chose, for a number of reasons.
They sent me a notice of their application for Probate, on which I am listed as 'power reserved'. I have never agreed to be 'power reserved' and have never said I was unwilling to act.
I put in a caveat and had a solicitor at the time, who has since retired, mid case. This solicitor sent the other side some Larke v Nugus requests (as there was the suggestion of the very elderly and unwell testator not being aware of certain alterations that had been made during the drafting of the will, in my opinion, at the instigation of one of the executors, who attended the meeting to draft the will. These changes were in direct contradiction to the testator's written instructions for his will which the solicitor had been given specifically for this meeting. This will was drafted by the same solicitor who they now wish to act for probate.
The other party did not do anything for some months. I found a new solicitor. We have now received a warning against the caveat, and have to make a quick decision about what to do next. This new solicitor says that the previous solicitor should have sent the other side a letter objecting to me being with 'power reserved'. I thought that the caveat was enough, but I am not a legal expert and trusted this previous solicitor! Also, the fact that I had never agreed to stepping down was, I assumed, enough.
The new solicitor says that we do not really have strong enough grounds to challenge the will - I have some evidence, but it could go either way in court and could make me liable for huge expenses, which I cannot risk. So I am reluctant to put in an Appearance to the warning, challenging the will itself. Their application has been held up so far, but the caveat will now lapse.
There seems to be a certain amount of confusion about what is possible now, regarding the probate application.
I understand that I can apply for probate myself- double probate, but am very concerned that, by the time I catch up, they will have done what they want with the estate (it's complicated, but I am trying to protect the interests of other, vulnerable beneficiaries) and it will be too late as the damage will have been done.
Alternatively, I have been looking into how to stop this application. My new solicitor tells me that he has never had to deal with double probate etc before but is researching anything that can help me. I found some information on the internet that stated that the executor (me) has to agree to being 'power reserved'. There is even a form (P25) being sold on the internet for that purpose, but it appears from what my solicitor has found out, that all the other side has to do is to notify me, not get my consent, and that the form is not a real one, or necessary.
I was at work all day today and so my brother rang the Probate Registry helpline on my behalf. The woman on the other end said that I had to agree to being 'power reserved' and that if I did not, then I could ' put on a caveat or an objection'. My brother asked her if there was a form for such an objection but she did not seem to know.
I do not have a Probate Registry nearby and so cannot just pop in and ask in person.
So, does anyone here know how this works? We cannot put on a caveat, as we have one, that is about to lapse. There do not seem to be any grounds that I can see to put in an Appearance on the grounds that I want to act and they are preventing me? It all seems to be about challenging the will.
Does anyone know whether there is some less costly (no court case) way of putting in an objection at the Probate Registry, to prevent what they are doing in sidelining me? Of stopping them in their tracks somehow, and forcing them to allow me to join as executor.
If I can do that, then I would hope to reach a compromise as to the disposition of the estate, so that it can be distributed.
My solicitor just suggests I make a separate application for probate, and 'catch up', but I would rather stop this before it starts, rather than try and do anything so much later, by which time a lot of damage may have been done.
Any help will be gratefully received!
They sent me a notice of their application for Probate, on which I am listed as 'power reserved'. I have never agreed to be 'power reserved' and have never said I was unwilling to act.
I put in a caveat and had a solicitor at the time, who has since retired, mid case. This solicitor sent the other side some Larke v Nugus requests (as there was the suggestion of the very elderly and unwell testator not being aware of certain alterations that had been made during the drafting of the will, in my opinion, at the instigation of one of the executors, who attended the meeting to draft the will. These changes were in direct contradiction to the testator's written instructions for his will which the solicitor had been given specifically for this meeting. This will was drafted by the same solicitor who they now wish to act for probate.
The other party did not do anything for some months. I found a new solicitor. We have now received a warning against the caveat, and have to make a quick decision about what to do next. This new solicitor says that the previous solicitor should have sent the other side a letter objecting to me being with 'power reserved'. I thought that the caveat was enough, but I am not a legal expert and trusted this previous solicitor! Also, the fact that I had never agreed to stepping down was, I assumed, enough.
The new solicitor says that we do not really have strong enough grounds to challenge the will - I have some evidence, but it could go either way in court and could make me liable for huge expenses, which I cannot risk. So I am reluctant to put in an Appearance to the warning, challenging the will itself. Their application has been held up so far, but the caveat will now lapse.
There seems to be a certain amount of confusion about what is possible now, regarding the probate application.
I understand that I can apply for probate myself- double probate, but am very concerned that, by the time I catch up, they will have done what they want with the estate (it's complicated, but I am trying to protect the interests of other, vulnerable beneficiaries) and it will be too late as the damage will have been done.
Alternatively, I have been looking into how to stop this application. My new solicitor tells me that he has never had to deal with double probate etc before but is researching anything that can help me. I found some information on the internet that stated that the executor (me) has to agree to being 'power reserved'. There is even a form (P25) being sold on the internet for that purpose, but it appears from what my solicitor has found out, that all the other side has to do is to notify me, not get my consent, and that the form is not a real one, or necessary.
I was at work all day today and so my brother rang the Probate Registry helpline on my behalf. The woman on the other end said that I had to agree to being 'power reserved' and that if I did not, then I could ' put on a caveat or an objection'. My brother asked her if there was a form for such an objection but she did not seem to know.
I do not have a Probate Registry nearby and so cannot just pop in and ask in person.
So, does anyone here know how this works? We cannot put on a caveat, as we have one, that is about to lapse. There do not seem to be any grounds that I can see to put in an Appearance on the grounds that I want to act and they are preventing me? It all seems to be about challenging the will.
Does anyone know whether there is some less costly (no court case) way of putting in an objection at the Probate Registry, to prevent what they are doing in sidelining me? Of stopping them in their tracks somehow, and forcing them to allow me to join as executor.
If I can do that, then I would hope to reach a compromise as to the disposition of the estate, so that it can be distributed.
My solicitor just suggests I make a separate application for probate, and 'catch up', but I would rather stop this before it starts, rather than try and do anything so much later, by which time a lot of damage may have been done.
Any help will be gratefully received!
