Applying for probate and Schrödinger's Caveat

[BlakSheep]

My parent died without leaving a will.

The only known beneficiaries are the adult children (BFs1-4)

At the time of my parent’s death BF1 pushed me to sort out probate.

Myself and BF3 registered death. Within days of that BF1 told me to sort as I had the death certificate (DC). I pointed out there were some steps to take before getting Probate ; also might be best to focus on funeral.

After funeral BF1 again raised the probate request.

I had made no secret of my desire to instruct lawyers to administer. Said during videoconference and in writing. I updated BFs that I had instructed firm to act on behalf of us ALL. BF1 got heated and demanded any action be stopped. BF3 said at least things were moving and said I had made no secret of wanting to involve solicitor. BF4 wanted a copy of the DC.

I made sure to give written updates, confirmed assets/accounts were frozen, and notified them on contacting relevant agencies. Within a month I updated on progress. BF1 seemed unhappy with the lawyers being involved and said that they were acting only for me. They were all written to provide paperwork to prove their identities. BF1 said they had entered a caveat and then began asking for a line by line account of funeral costs and bank balances. I guess the inference being funds were being misused. BF1 also telling me they do not consent to anything being charged to the estate and I should use my own money.

I reconfirmed nothing could be debited or credited to accounts other than funeral costs.

As a result the lawyers who said they would take their fees once probate granted have asked for balance in advance because of the caveat, which may be in place. Am I correct in thinking no reason should be given? It looks like I have to pay on account circa £15k.

You will see from my other post the intention may be to stop formal probate in an attempt hide cash paid to BF1&4.

My question is should I speak with a lawyer to set up mediation, separate to the firm dealing with probate to understand the implications of certain actions and the motivation of certain BFs.

Thank you for any advice or guidance Legal Beagles can give.

[Pezza54]

I have read both threads and posts
The following are my thoughts. Please correct me if I have got anything wrong

BF1 seems the devious sibling, producing an invalid hand written will. Then pushing you to become the administrator knowing they had received a gift or gifts over the £3k annual allowance in the previous 7 years of the date of death.

Initially you got BF1, BF3 and BF4 (you are BF2?) to agree to the appointment of a solicitor to obtain letters of administration for yourself as administrator. There is IHT to pay on the net estate and IHT forms and calculations could be complex. The solicitor's fee would be paid from the estate after you were appointed the administrator

When the solicitor wrote to all BFs asking for gifts to be declared in the last 7 years, BF1 got cold feet, demanded you terminate the solicitor's appointment and you personally apply to Probate for the letters. BF1 may have incorrectly thought they would be personally liable for IHT on the gift(s). All IHT due would be paid by the estate.

BF1 has now lodged a caveat, halting progress at the Probate Registry. The solicitor, concerned that there may be a long delay wants payment for work already carried out as well as an advancement for future work.

A warning letter from the solicitor may make BF1 think twice and withdraw the caveat. If BF1 decides to make an appearance court action or consent (by mediation) is required to remove the caveat. At present I am unable, with the info you have provided, to determine any grounds for BF1 to make an appearance that would satisfy Probate

To avoid expensive legal costs making a significant reduction to estate value, you should attempt another video conference with BFs, warning them about legal costs, unnecessary delays and personal liability for IHT on non disclosed gifts

[BlakSheep]

I have read both threads and posts
The following are my thoughts. Please correct me if I have got anything wrong

BF1 seems the devious sibling, producing an invalid hand written will. Then pushing you to become the administrator knowing they had received a gift or gifts over the £3k annual allowance in the previous 7 years of the date of death.

Initially you got BF1, BF3 and BF4 (you are BF2?) to agree to the appointment of a solicitor to obtain letters of administration for yourself as administrator. There is IHT to pay on the net estate and IHT forms and calculations could be complex. The solicitor's fee would be paid from the estate after you were appointed the administrator

When the solicitor wrote to all BFs asking for gifts to be declared in the last 7 years, BF1 got cold feet, demanded you terminate the solicitor's appointment and you personally apply to Probate for the letters. BF1 may have incorrectly thought they would be personally liable for IHT on the gift(s). All IHT due would be paid by the estate.

BF1 has now lodged a caveat, halting progress at the Probate Registry. The solicitor, concerned that there may be a long delay wants payment for work already carried out as well as an advancement for future work.

A warning letter from the solicitor may make BF1 think twice and withdraw the caveat. If BF1 decides to make an appearance court action or consent (by mediation) is required to remove the caveat. At present I am unable, with the info you have provided, to determine any grounds for BF1 to make an appearance that would satisfy Probate

To avoid expensive legal costs making a significant reduction to estate value, you should attempt another video conference with BFs, warning them about legal costs, unnecessary delays and personal liability for IHT on non disclosed gifts

Thank you for sticking with it - it is quite convoluted.

The solicitor is in the process of preparing the IHT - based on valuation of property, cash and declared assets. I am confident BF1 has no grounds to lodge a caveat but I thought you don't need a reason - am I mistaken?

My hunch is BF1 is scrutinising funeral costs and flying a kite to figure out what information I have about the bank accounts. They were at pains to say they never received anything - dear reader I have evidence showing the opposite. It would seem I was truly the outlier in the family having never received any cash gifts; my parent sent cheques to my child for birthdays and christmas, which I dutifully paid into their account.

If i get a lawyer to send a warning letter will that be viewed negatively and BF1 can claim they are an innocent victim of a scornful sibling? I wanted the estate to be dealt with by a third party to avoid what looks like a protracted acrimonous affair.

[Pezza54]

Please read about caveats etc at
http://www.stephens-scown.co.uk/disp...t-is-a-caveat/

Try to negotiate with BF1 to avoid legal costs

[BlakSheep]

Thank you - I will try.

[Pezza54]

Good luck. It's not you that is holding up the process and delaying beneficiaries from receiving their inheritance. You didn't employ the solicitor to become the administrator, only to complete IHT forms and apply for letters of administration on your behalf