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Hello all!
My mother got divorced last year after a dragged out and highly acrimonious divorce trial.
The settlement was essentially properties, mortgage free, to be handed to her on a fixed date a few months after the divorce.
She lost a long battle with substance issues in November. We are 4 kids, me and my brother made a paper application for probate as one sister is a minor. I did the form myself having gotten familiar with probate when my dad passed on a few years ago, and i'm reasonably comfortable with basic/intermediate legal challenge, googling things myself and don't find admin particularly intimidating.
However, i'm almost at my wits end now and worry about making an irrational/incorrect decision.
My mother died intestate, there was no will, there has never been a will, and the succession order looks very clear to me. She is divorced, there are 4 children, both her parents are dead, i assumed the probate would be very simple for these reasons.
The ex husband has submitted a caveat. I was surprise when i downloaded the caveat form myself that you don't need to give any reason. Well, discussion for another day that's already been had by many I suppose! So obviously he's submitted the caveat to stop the probate which then let's him financially save a lot of money by not having to complete the divorce terms. He would be the only debtor to the estate.
I would like to lift the caveat via issuing a Warning form to Leeds Probate Office, who will then stamp it and forward it to the caveator.
As far as i'm aware, he then has 14 days to either (1) make an apperance (2) issue a summons.
I would appreciate massively help with the following;
(1) How should I word the warning form that i send to leeds probate office? I can see no form on gov.uk and aren't sure how to structure the warning form. Should I state in the warning form my reasons "XXX died intestate on XXX date, XXX was divorced on XXX date (reference number XXX) at XXX court. We believe the caveat to be frivolous and an intentional attempt to frustrate the estate..." etc.
(2) The reason I ask about how to word (1) is I can't tell whether he has to give reasons why our probate should still be blocked if he (1) makes an appearance (2) issues a summons. In my mind it might be good to state in my warning that he is intentionally frustrating the administration of the estate/is a debtor to the estate.
I'm extremely nervous about the whole process. I would have assumed to block probate you'd need some pretty good reasons, but seeing the caveat form can be issued with absolute ease (ie i could just stop any random persons probate with a few details) i'm now worried about this dragging on forever without him having to provide actual good reasons.
I lost about 15/18 months of my life administering a very complicated estate after my dad took his own life a few years ago and I think this could push me over the edge a little so want to make sure i know what i'm getting myself in for once I issue the warning.
My mother got divorced last year after a dragged out and highly acrimonious divorce trial.
The settlement was essentially properties, mortgage free, to be handed to her on a fixed date a few months after the divorce.
She lost a long battle with substance issues in November. We are 4 kids, me and my brother made a paper application for probate as one sister is a minor. I did the form myself having gotten familiar with probate when my dad passed on a few years ago, and i'm reasonably comfortable with basic/intermediate legal challenge, googling things myself and don't find admin particularly intimidating.
However, i'm almost at my wits end now and worry about making an irrational/incorrect decision.
My mother died intestate, there was no will, there has never been a will, and the succession order looks very clear to me. She is divorced, there are 4 children, both her parents are dead, i assumed the probate would be very simple for these reasons.
The ex husband has submitted a caveat. I was surprise when i downloaded the caveat form myself that you don't need to give any reason. Well, discussion for another day that's already been had by many I suppose! So obviously he's submitted the caveat to stop the probate which then let's him financially save a lot of money by not having to complete the divorce terms. He would be the only debtor to the estate.
I would like to lift the caveat via issuing a Warning form to Leeds Probate Office, who will then stamp it and forward it to the caveator.
As far as i'm aware, he then has 14 days to either (1) make an apperance (2) issue a summons.
I would appreciate massively help with the following;
(1) How should I word the warning form that i send to leeds probate office? I can see no form on gov.uk and aren't sure how to structure the warning form. Should I state in the warning form my reasons "XXX died intestate on XXX date, XXX was divorced on XXX date (reference number XXX) at XXX court. We believe the caveat to be frivolous and an intentional attempt to frustrate the estate..." etc.
(2) The reason I ask about how to word (1) is I can't tell whether he has to give reasons why our probate should still be blocked if he (1) makes an appearance (2) issues a summons. In my mind it might be good to state in my warning that he is intentionally frustrating the administration of the estate/is a debtor to the estate.
I'm extremely nervous about the whole process. I would have assumed to block probate you'd need some pretty good reasons, but seeing the caveat form can be issued with absolute ease (ie i could just stop any random persons probate with a few details) i'm now worried about this dragging on forever without him having to provide actual good reasons.
I lost about 15/18 months of my life administering a very complicated estate after my dad took his own life a few years ago and I think this could push me over the edge a little so want to make sure i know what i'm getting myself in for once I issue the warning.
