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My Grant of Probate has been stopped by a caveat.

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  • My Grant of Probate has been stopped by a caveat.

    Yesterday I applied for Probate, my Sister had been quizzing me all yesterday with questions about Mum's Last Will and Testament and making vile accusations against me and then this morning I have received an email from the probate Office informing me that my Grant of Probate has been stopped by a caveat. It then states that they have received an application from ******* (my Sisters name) of ******* Solicitors, then gives the Solicitors name and address, so it reads like my Sister works for the Solicitors? Is it normal to word it in such a way?

    I have a few questions now if anyone is able to advise me please as I really don't know what to do now.

    Firstly, the Solicitor who is now acting for my Sister previously drew two Wills up for Mum, isn`t there a conflict of interest here, as they acted for Mum up drawing up of previous Will`s, but are now acting against her last Will and Testament? I must state though that they didn`t write up her current Will.

    Also, as named Executor, I have been paying the direct debits etc for the upkeep of Mother`s house, e.g electricity, water, insurance etc, also maintenance of her garden, do I carry on paying those bills now as basically now my Grant of Representation has been stopped by a caveat, I have no rights as an Executor do I ?

    Lastly, my Sisters have keys to Mum`s house, I am pretty sure that they will have taken everything that they want from the house by now....probably before she even died and was in hospital if I`m honest, as they were helping themselves to things whilst Mum was still living in the house, is there anything I can do legally to stop them helping themselves further to Mum`s possessions and stop them going into the house and emptying it?

    I must say that I don`t want any physical confrontations with my Family, in fact after the despicable things they have done and said to me since Mum`s death, I want no contact with them at all, and now it would appear the swords are drawn as they have instructed Solicitors. Mum knew this would happen with my Sisters as she knows they are money mad and power crazy, and put in place various other things to try and protect me after her death, including her Last Will and Testament.

    Thank you very much for any help or advice anyone can give me as I`m feeling very alone and upset right now, and am still grieving for my Mother.
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  • #2
    Further to my post yesterday, my Partner and I have just driven by my Mum's house and My Sisters and their Daughters are there loading Mum's possessions into their cars. Please can anyone tell me if there is anything I can do to stop them? There are belongings of mine and my Late Husband's at Mum's too which were to be returned to me when anything happened to Mum , e.g My Late Husband's jewellery is there and it would break my heart if they were to take that.

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    • #3
      Please, can anyone help me or advise me? My Partner has gone down to check on Mum's house and he can see they have changed the lock! They have no right to do this surely? I am absolutely heartbroken that my so called Family are doing this to me when I have done nothing wrong and was merely trying to carry out Mum's Last wishes .

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      • #4
        des8 PallasAthena I'm really sorry to bother you, but please can either of you advise me? I know I'm going to have to instruct a Solicitor, but I just wondered if either of you could say anything today to help put my mind at ease a little please, I am absolutely devastated by what they are doing to me

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        • #5
          you really are going through it at the moment!

          Your authority to act comes from the will, the grant of probate will only confirm you have the authority to act.
          Although a caveat has been entered you still have the obligations of an executor to collect in and preserve the estate assets.

          Your siblings are acting unlawfully and could even be guilty of theft 9altho if reported to the police they will almost certainly claim it is not theft but a civil matter.

          Under the circumstances I would certainly consider appointing a solicitor to administer the estate.
          It will cost the estate but will protect you if things go wrong, but also relieve you of at least some of the stress

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          • #6
            Hi Des-8

            Thank you so much for replying to me and for your advice, you honestly have no idea how much it means to me, I am absolutely heartbroken at losing Mum and for the Family to turn on me like this for just trying to follow Mum's wishes is incredibly upsetting....when I discovered they advice were basically emptying Mum's house yesterday was bad enough, but when I discovered today that they've changed the locks, I couldn't help it and I just burst into tears, I'm so hurt they are treating.me like this

            Anyway, thanks to you, I now know what to do and will push on with renewed strength and determination, thank you again so much, I'm hoping I can get some sleep now you've eased my mind a little...though it is 4.12am and I'm still wide awake again

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