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Issue with Uncooperative Executor

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  • Issue with Uncooperative Executor

    Hello LegalBeagles,

    My sister and I are having an issue with the executor of my grandfather's estate, my late father's brother. My father died unexpectedly around three years ago, only a few months after my grandfather died. He passed without a will, but was entitled to a share of his father's will. We have been trying for the last three years to receive his stake as his rightful heirs. We are Americans but my sister has dual citizenship.

    We were instructed at the time by the executor, our uncle, to follow a procedure which included making sure he was not in arrears with any collectors and to establish ourselves as the beneficiaries of our father's claim to the estate. We did this successfully, informed the executor, and proceeded to file a probate application. We found out a few months ago that there was a caveat entered without any notice from the executor or his legal representatives at the beginning of the year. This caveat expired at the end of 2023, however, we cannot find out on what basis it was entered as Roythornes (his legal representation) has not responded to our solicitor despite numerous probes. It is possible that he has reissued another caveat without any explanation. Further complicating matters, he lives in Thailand at an unknown address, so we cannot, as I understand, issue him a warning or potentially sue. It seems highly unethical and unprofessional that he and his solicitors can stonewall us by simply not complying with our dutiful efforts. What is my legal recourse here? Furthermore, what else could my solicitor be doing to apply pressure, other than sending weekly emails which get ignored?
    Last edited by hjt123; 3rd January 2024, 02:52:AM.
    Tags: None

  • #2
    Your solicitor should know about the process of "warning off" a caveat. This tells the person lodging the caveat to put up or shut up: he either withdraws or his challenges to the will are litigated.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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