Caveat against our Grant

[FusScrew]

Evening all, firstly I’ll apologies for mixed/wrong terminology below.

My Father died around 6 months ago with no Will, leaving behind 5 children (4 Adults 1 Minor). Since the death, my brother and I have been working together to collect the necessary information to apply for a Grant for Letters of Administration.
We successfully achieve this, only to find out that a caveat had been entered by another sibling. Their reasoning being, they don’t think we need probate and if we do, they too like us to hand over the facts and figures we applied with, so they too can make an application. And will not remove the Caveat until they feel they are in a position to submit their own application. There is no question in the eligibility of my brother and I to apply, nor a concern a Will may exist.

My question is, is this abuse of the caveat process, to essentially delay the process and ability of eligible people make an application? there may be a dispute between people equally entitled to apply for a grant.

Mediation is unfortunately out of the window. Is this strong grounds to serve a Warning Off?

TIA for any answers, they’re greatly appreciated.

[des8]

Condolences on the loss of your father.

It is perfectly in order to enter a caveat to prevent a grant of representation being obtained where there is a dispute as to who should apply for the grant.
I understand that those within each category of entitlement of a grant have an equal right to apply for the grant on a first come first served basis.

Perhaps you could come to an arrangement with your brother to include him on your application
As there is a suggestion that a grant of letters might not be required, perhaps the estate is not large and doesn't include real property or stocks and shares.
If the matter becomes contentious you might find the whole estate eaten up by costs

[FusScrew]

Thank you for your reply.

The estate is particularly complex, so we’re confident a grant is required.

Ok gotcha. I fear it is already becoming contentious. We are particularly reluctant to offer a spot on our application, as we’re worried about the third sibling being involved due to their mother (ex wife) being a particularly nasty piece of work. I completely understand this does not invalidate their child’s eligibility to become an executor, but massively limits our willingness to assist.

The caveat was entered shortly after my Dads death, so it’s awfully frustrating for us to wait for a party who has made no attempt to gain the information (none of which is secret) required to enter in an application.

[FusScrew]

Apologies for a double post.

As we’re all in the same class, we should be governed by a ‘first come, first served basis’. But how is this possible if one party can enter a caveat that essential nulls another party’s ability to submit an application, until they are ready to submit their own?

I agree to dispute someone’s eligibility to apply with a caveat, but to enter a caveat because you want to be on an application too, seems absurd?

[twohoots]

Apologies for a double post.

As we’re all in the same class, we should be governed by a ‘first come, first served basis’. But how is this possible if one party can enter a caveat that essential nulls another party’s ability to submit an application, until they are ready to submit their own?

I agree to dispute someone’s eligibility to apply with a caveat, but to enter a caveat because you want to be on an application too, seems absurd?

So much about this caveat business is absurd Fusscrew. It is totally wrong also that a spiteful person can shell out just £3 and stick a caveat on a probate application and not give any reason for doing so. Very, very wrong.

[Hagalout]

So much about this caveat business is absurd Fusscrew. It is totally wrong also that a spiteful person can shell out just £3 and stick a caveat on a probate application and not give any reason for doing so. Very, very wrong.


Yes tell me about it, 4 years and £13000 later. Nobody wants to know. They are all in it for what they can get it seems.

[des8]

You might find this blog interesting: http://equitysdarling.co.uk/2018/05/...what-do-we-do/

[Hagalout]

Thanks Des, I had a look when you recommended it to me a while ago, I actually asked a question and received a reply, but after a further question she couldn't comment on individual cases which is understandable.