Anonymous Caveat?

[flawless101]

Is it possible to enter a caveat against probate and remain anonymous?

A friend of mine has been left out of her father's will - everything has been left to her brother.
She wants to find out where she stands in challenging her father's will, but she doesn't want her brother finding out that it is her who has entered a caveat.
She wants her solicitor to have a look at her father's previous wills and medical records to see what chance she has of successfully challenging the will.

Is this possible, or will the executors have to be told who has entered the caveat?

[des8]

the executor will be told who entered the caveat, because he needs that information to issue a warning.

Your friend's solicitor will not just be able to access her father's medical records or past wills (if they still exist)

She really needs to seek professional help, and rather than challenge the validity of the will, she might be better issuing a claim under The Inheritance (Provision for family and Dependants) Act 1975.
A single fixed fee (or even free) consultation with a solicitor used to dealing with contentious litigation should give her pointers to the way forward.

[twohoots]

Des is correct. the Probate Office will tell you the name and address of the person who entered the caveat. I received this information by email. Good luck in finding a solicitor who specialises in contentious probate because I thought I had and he is hopeless and very, very expensive.

[Hagalout]

Sounds like same one I have used, Two hoots.

[flawless101]

the executor will be told who entered the caveat, because he needs that information to issue a warning.

Your friend's solicitor will not just be able to access her father's medical records or past wills (if they still exist)

She really needs to seek professional help, and rather than challenge the validity of the will, she might be better issuing a claim under The Inheritance (Provision for family and Dependants) Act 1975.
A single fixed fee (or even free) consultation with a solicitor used to dealing with contentious litigation should give her pointers to the way forward.

Hi,

You stated "Your friend's solicitor will not just be able to access her father's medical records or past wills (if they still exist)".

Why is that?

[des8]

In my experience Doctors and hospitals will only release medical records to the executor who holds a grant of probate

[Hagalout]

I managed to get my mum's partner's medical records and I wasn't even the Executor of his estate. I called at their doctors, explained the situation and was told to write to Preston where they are kept. I had to pay a small fee if I recall correctly

[des8]

I managed to get my mum's partner's medical records and I wasn't even the Executor of his estate. I called at their doctors, explained the situation and was told to write to Preston where they are kept. I had to pay a small fee if I recall correctly

I certainly wasn't able to obtain patient's records here in Wales, nor were two sets of opposing solicitors over an inheritance dispute, and I was named as executor in will but no probate due to caveat1

[Hagalout]

I must have been lucky then Des, it was certainly easier than I had envisaged for sure. The partners grandson who is responsible for all the caveats entered against my probate application, also claimed he had acquired his Grandfather's medical records, but I have not seen any evidence of that and he is not known for his honesty.

[TheBereaved1]

In my experience Doctors and hospitals will only release medical records to the executor who holds a grant of probate

I am just considering registering a caveat in my claim againsy my mother's estate which I will post about shortly as I am just trying to research a few things on here by reading some posts.

The executors of my Mum's will are her solicitors.

Are you saying that as a solicitor on a claim where a caveat has been lodged that you are executor are unable to get hold of your client's medical records under 1(f) of the Access to Medical Health Records Act 1990?

[des8]

I did not say I was a solicitor (I'm not).
What I wrote is that although named in a will as executor but with no grant of probate due to a caveat, I was unable to access the deceased testator's medical records.
Two sets of solicitors (also not executors) acting for disputing parties also were unable to gain access.

[TheBereaved1]

I did not say I was a solicitor (I'm not).
What I wrote is that although named in a will as executor but with no grant of probate due to a caveat, I was unable to access the deceased testator's medical records.
Two sets of solicitors (also not executors) acting for disputing parties also were unable to gain access.

Sorry DES. I have only just seen this. My apologies for the assumption.

I have now placed a probate caveat. Would this stop me from accessing the deceased testator's medical records too would you think in respect of my own contesting? It does sound to be a very tricky situation.

[des8]

TheBereaved1 all you can do is try. Some peeps seem to be successful, others not.

If you intend to keep posting about your situation, could you please start your own thread.
To piggyback off an existing thread tends to cause confusion.
Thanks

[TheBereaved1]

Sorry DES. I have only just seen this. My apologies for the assumption.

I have now placed a probate caveat. Would this stop me from accessing the deceased testator's medical records too would you think in respect of my own contesting? It does sound to be a very tricky situation.

Valid point! My apologies again. I hadn't realised I had done that.