Caveat and Deed of Variation

[Ditto96]

Hi. My father left all of his estate to me and left nothing to my brother and sister. On hearing this my brother placed a caveat with the probate office. As I wished my brother and sister to benefit from my father's estate I drew up a deed of variation splitting the estate three ways between myself, my brother and my sister. All three parties signed the deed of variation. However, my brother is still refusing to life the caveat even though he has agreed and signed the deed of variation given him a third of the estate. He says his reasoning for refusing to lift the caveat is that as I originally made an application for probate which was kicked out due to the caveat and he doesn't believe I will log the deed with the probate office. However, I am going to do this, as the deed is irrevocable and I don't have a choice and why wouldn't I? My only choice now is to warn him off. If I do do, given that he has signed the deed, does he have any right to maintain the caveat and take this to court? Thanks.

[des8]

I wouldn't issue a warning, as if he then enters an appearance the matter will end in court, with unnecessary expense.

Start by asking your brother to take legal advice, as a deed of variation does not need to be registered or logged with probate registry.
Just point out he is only delaying matters, and potentially creating costs that will be paid out of the estate.

Your application for probate has not been kicked out but stayed.
If he lifts his caveat your application will proceed

If you should fail to pay him his share, his recourse will be to initiate a claim against you as executor.
That is where his protection lies