Will and suspicious Executor (Brother) activites.

[Pezza54]

Please read the guidance notes at www.gov.uk/stop-probate-application
All your questions are answered in this government guidance. You can withdraw your caveat by email if you do this before making an appearance.
If you apply online today probate should be stopped tomorrow.
Expensive legal fees can be avoided if you can reach agreement with the other party

[Blindman70]

Caveat entered, Larke v Nugus letter received by solicitors.

Now readingn the Handbook for Litigants in person whilst I wait.

Cheers

[Pezza54]

You might think you are saving yourself a lot of money if you act as a litigant in person but as your claim won't be allocated to the small claims track you will face a big bill from the defendant's legal team if you lose the case.

[Blindman70]

You might think you are saving yourself a lot of money if you act as a litigant in person but as your claim won't be allocated to the small claims track you will face a big bill from the defendant's legal team if you lose the case.

Thanks for the reply.

But at least I won't get a BIG bill from my legal team

[Blindman70]

Update:
Received a letter from late Aunts Solicitors confirming Caveat in place and asking for details of my intention to challenge the will.

I have 21 days to respond -after which they will "warn off" the caveat if the matter is not resolved.

I am still waiting for the Larke v Nugus request information and I contacted the Will writers today "who are still looking into it-with no timescale to respond"

I know I have 6 months of the Caveat

So
Is there any advantage in waiting nearly 21 days before replying to Solicitors with my reasoning or do I sent a reply forthwith?

I'm concerend that on receving my reply they could "warn off the Caveat asap, beofre I get a reply from the Will writers.

I have a few law firms in the wings waiting for the Larke V Nugus info who will then inform me if I have a case.

Thoughts?

[Pezza54]

Best to wait as long as possible and hope to get a reply from the will writer.
Be aware that if you are served with a warning you have 14 days to reply on the correct form obtained from the Probate Registry

[Blindman70]

Best to wait as long as possible and hope to get a reply from the will writer.
Be aware that if you are served with a warning you have 14 days to reply on the correct form obtained from the Probate Registry

Thanks

Yes ,I know that if they serve a warning I have only 14 days to either respond or not. Hence my waiting game for the 21 days.

[Blindman70]

Best to wait as long as possible and hope to get a reply from the will writer.
Be aware that if you are served with a warning you have 14 days to reply on the correct form obtained from the Probate Registry

I have chased the Will writers twice now, they seem to be stalling. "It is still with the Directors"

If they have nothing to hide why would they stall?

Anything I can do to chivvy them on???

[Pezza54]

There could be a number of reasons why they are not replying.
You could try making a phone call appointment with the director dealing with your request

[Blindman70]

There could be a number of reasons why they are not replying.
You could try making a phone call appointment with the director dealing with your request

Thanks

Got a call back yesterday, "they will responding to me by the end of the week" (by post )

So hope to get some mail on Monday.

My 21 days to reply to the other solicitor is next Wednesday.

[Pezza54]

If you think you will probably need more time to meet next Wednesday's deadline I advise you write to the solicitor now making a feasible excuse and ask for 7 more days to reply

[Blindman70]

If you think you will probably need more time to meet next Wednesday's deadline I advise you write to the solicitor now making a feasible excuse and ask for 7 more days to reply

Thanks

Sorry for the late reply I do not get notification when the thread is updated.

So to close this thread:-

I emailed the solicitor and then had to ring to confirm she received it, in which I did ask for an extra 14 days to get a reply and then determine what action to take.
Her reply (after three attemps from me to get one) was "It's with the client"

Received what I asked for from WSL today, they apologised for the delay.

Totally shocked at the answer TBHO, however I do now have the answer.

What did I learn from all of this?

1. Larke V Nugus letters DO NOT need to be written by solicitors (fee was £1500) Templates linked to on here are sufficient to adapt and then post.

2. Human nature is corrupt and devious when there is money involved.(Though that is an actual reinforcement of my belief)

3. Laywers\solicitors are a lazy greedy bunch (Though again that is an actual reinforcement of my belief).

So now I have to decide whether to remove the Caveat myself or let the other parties solicitor work for it by raising a warning to which I will not reply within the 14 days.Though as I'm due £50K from the will the former may be the best optiion.

Thanks to those that replied with advice.