Caveat, warning and property

[sugarpuff]

Hi, I wonder if anyone can share similar experience. We are buying a probate property. Unfortunately the day our offer was accepted a half sibling lodged a caveat, it seems there is no real reason other than he had a falling out with the brother a couple of years ago over a cash gift from the parent when the other parent died so his real issue is how the state is divided). The caveator told the executors he would remove the caveat, he hasn't. They have therefore issued a warning. We are trying to get clarity on when it was actually issued as it's over 14 days since they told us they were doing it. If the caveator does not enter an appearance I understand the caveat will be removed and we can move forward with the sale. Anyone know how long that takes and what the steps are? Unfortunately even the executors are slow to do anything or respond.

[atticus]

Can you please clarify. Is it the case that you are seeking to buy from executors who are presently in the midst of a dispute that is holding up their ability to sell?

If so, you may be waiting a very long time, and in that time property values may change to the extent that the executors will be failing in their duties not to seek a higher price.

[sugarpuff]

Can you please clarify. Is it the case that you are seeking to buy from executors who are presently in the midst of a dispute that is holding up their ability to sell?

If so, you may be waiting a very long time, and in that time property values may change to the extent that the executors will be failing in their duties not to seek a higher price.

Yes we are buying from the named executors who currently can't proceed due to the caveat. If it's not resolved quickly we will be withdrawing anyway as our buyers are ready to go. It's already been ongoing for a few months. That's why I am asking, once the 14 days are up is it quick to then get the grant or are we talking months? (they had an ETA for the grant of end of Feb in the middle of feb just before the caveat was issued).

[atticus]

Grants of Probate are currently taking 16 weeks if applied for online, as much as 9 months otherwise.

[sugarpuff]

Grants of Probate are currently taking 16 weeks if applied for online, as much as 9 months otherwise.

They had been waiting about 14 weeks when the caveat was lodged. From what I've read once the caveat is lifted probate will pick up where it left off. My questions is once the warning time is up no appearance made, how long does it take for the caveat to be removed?

[ButWhatIf?]

Executors may know they have an option of applying for a limited grant - specifically to sell an asset. Then later on... caveat or not they can deal with the full Probate application/issue. If the caveat has not been warned off then it stays until the Caveator voluntarily removes it. If it's been warned off then it all depends on what's been said. You clients have a choice...

[trustee281]

Hi, I wonder if anyone can share similar experience. We are buying a probate property. Unfortunately the day our offer was accepted a half sibling lodged a caveat, it seems there is no real reason other than he had a falling out with the brother a couple of years ago over a cash gift from the parent when the other parent died so his real issue is how the state is divided). The caveator told the executors he would remove the caveat, he hasn't. They have therefore issued a warning. We are trying to get clarity on when it was actually issued as it's over 14 days since they told us they were doing it. If the caveator does not enter an appearance I understand the caveat will be removed and we can move forward with the sale. Anyone know how long that takes and what the steps are? Unfortunately even the executors are slow to do anything or respond.

Hi, I have been through this. There needs to be a Statement of Service sent to the Probate Office which is a sworn statement that you have served. As I remember you also need to complete the correct form for the warning and send this to the probate office for it to be 'sealed'. All this is on the gov.uk web site. Once the 14 days are up the caveat can be removed. But it takes time. Good luck.