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Caveat and Larke v Nugus

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  • Caveat and Larke v Nugus

    Looking for advice on best way to approach this. My mother in law died recently, and my wife would like to see the will, suspecting some kind of combination of lack of testamentary capacity and fraudulent calumny. Her mother had irrational and baseless delusions about her (my wife) and she believes her brother encouraged this. She is not in contact with her brother and does not know which solicitor is dealing with probate. What would be the best approach, would she need to file a caveat first to find who she needs to deal with before she issues a Larke v Nugus request to get all the will info? Is she able to file the Larke v Nugus request herself or would she need a solicitor to do this? I am trying to think of the best cost effective way to do this, as (if what we suspect is correct) we will need a chunk of money to pursue this if the solicitors think we have a case. I am trying to preserve cash by doing as much as we can ourselves before we take it to a solicitor. Advise welcome please.
    Tags: None

  • #2
    Hi
    Welcome to LB
    Your wife can file a caveat online using the gov.uk website or by posting form PA8A to the Probate Registry. Costs £3. Lasts 6 months and can be renewed.
    It is important that all the details on the form are correct. Otherwise probate will not be stopped
    When the executor or administrator finds out that a caveat is in place, your wife may receive a warning letter.
    Your wife should then have details of the estate solicitor or administrator to contact and negotiate with

    Did your MIL definitely make a will? If not your wife will inherit under the rules of intestacy

    Comment


    • #3
      Originally posted by Pezza54 View Post
      Hi
      Welcome to LB
      Your wife can file a caveat online using the gov.uk website or by posting form PA8A to the Probate Registry. Costs £3. Lasts 6 months and can be renewed.
      It is important that all the details on the form are correct. Otherwise probate will not be stopped
      When the executor or administrator finds out that a caveat is in place, your wife may receive a warning letter.
      Your wife should then have details of the estate solicitor or administrator to contact and negotiate with

      Did your MIL definitely make a will? If not your wife will inherit under the rules of intestacy
      Thanks for your response, there was definitely one at one stage including all the children, but we suspect this was changed. I imagine we will need the entire will file and medical records to help prove what we suspect.

      Comment


      • #4
        Apply for a caveat immediately! easy enough online just need full name and DOB
        the soliciter involved will then contact you and you can enter a Larke v Nugus. I just did this and although not obligated most will send the Will

        Comment


        • #5
          Originally posted by Pacemaker100 View Post
          Apply for a caveat immediately! easy enough online just need full name and DOB
          the soliciter involved will then contact you and you can enter a Larke v Nugus. I just did this and although not obligated most will send the Will
          Thanks for this, I appreciate your input!

          Comment

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