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Solicitor as the Only Executor Query and a Challenge

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  • Solicitor as the Only Executor Query and a Challenge


    I was just wondering what happens under the following scenario.

    Person A leaves a will naming a solicitor as the only Executor and Person B as the only Benefactor.

    Before Probate is issued, Another Person C makes a challenge to the will and enters a caveat. As Probate has not been granted, Person B does not yet know he is the Benefactor and knows nothing about the caveat.

    Under these circumstances, how does the solicitor (who is the Executor) decide whether she takes the matter to court to fight the challenge from Person C or she enters into some form of mediation?

    Can the Executor discuss the caveat with Person B as Benefactor before probate is issued?

    If she does that then the Executor will end up telling Person B what is in the will (i.e., that they are the Benefactor) before probate is granted.

    Can the Executor enter some form of medication with Person C without telling Person B?

    I guess what I am trying to ascertain is, what are the rules that an Executor would follow under these circumstances? If she was to take the matter to court and lose, then Person B may end up losing their inheritance. If she was to mediate and come to some sort of agreement (i.e., pay Person C an amount in full and final settlement to remove the caveat) then Person B may still be a bit peeved as they may lose some of their inheritance without knowing.

    Thanking you for your reply
    Tags: None

  • #2
    des8 Can you please take a look and advise, many thanks.

    Comment


    • #3
      The grounds for entering a caveat are to give the caveator more time to ascertain if there are grounds to oppose an application for a grant of probate or challenge the validity of a will.
      The executor can the issue a "warning" to which the caveator must respond with an "appearance" stating the reasons for the caveat, or lifting it.
      If the appearance is accepted by the court matters start becoming costly, and so sensible executors will enter into negotiations to avoid contentious litigation.

      I would expect the executor to keep the beneficiaries informed.

      A caveat should not be used if the party is intent on making a claim under "the Inheritance (Provision for Family & Dependants) act 1975

      Comment

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