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Caveat on Probate

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  • Caveat on Probate

    I am a UK citizen, I live in Australia, and my Dad just passed away in North Wales. He made substantial changes in his will since Mum died.
    I have looked around and feel that I have good cause to file a caveat on probate to allow time to hopefully negotiate with his named executors. (Partly of this is due to inadequate support, part due to some serious and debilitating major surgeries that preclude me from working and contributing to day to day family finances.)
    After receiving incomplete or no responses from Solicitors regarding fixed costs to file a caveat I am very wary of being sucked into being scammed by them.
    As I understand it, I am required to have a UK address the Registry can notify me at. I am at wits end trying to figure out what to do and what solicitors I can trust to be a point of contact and help in filing a response to any Warning issued to the registry by the executor.
    Can anybody advise on this or have any experience with the difficulties of doing it from overseas?

  • #2
    Re: Caveat on Probate

    The executors carry out the wishes written in the will? they are not there to negotiate a bigger payout for anyone if that's what youre after Would think Solicitors would be reluctant to give a fixed fee price and would expect upfront money to a non UK resident .
    If you tell more of what you want on here someone may be able to help.

    Comment


    • #3
      Re: Caveat on Probate

      Originally posted by wales01man View Post
      The executors carry out the wishes written in the will? they are not there to negotiate a bigger payout for anyone if that's what youre after Would think Solicitors would be reluctant to give a fixed fee price and would expect upfront money to a non UK resident .
      If you tell more of what you want on here someone may be able to help.
      Thank you Walesman,
      It's a hard situation but there is adeeuate written information that implies vertain aspects of the will were fabricated. I'm not looking for a solicitors contest, just a caveat, during which time mediation can be negotiated that will reflect the more egalitarian nature of previous wills. Of course I don't expect a great deal from this, just that the playing field is level and no disbursements are made prior to examination of the documents, which despite being requested have not all been forthcoming.
      Thanks again for your earlybird reply

      Comment


      • #4
        Re: Caveat on Probate

        Read this first ...

        http://www.justice.gov.uk/courts/probate/caveats

        As wales01 points out, as you are a non-UK resident, a solicitor is likely to want to see some sort of up front payment. As they will need to assess your evidence first, it will be difficult to give you a price.

        Wills & Probate specialists are plentiful, so you should have no difficulty in finding one in your target area.

        Comment


        • #5
          Re: Caveat on Probate

          Originally posted by Sammydog View Post
          Thank you Walesman,
          It's a hard situation but there is adeeuate written information that implies vertain aspects of the will were fabricated. I'm not looking for a solicitors contest, just a caveat, during which time mediation can be negotiated that will reflect the more egalitarian nature of previous wills. Of course I don't expect a great deal from this, just that the playing field is level and no disbursements are made prior to examination of the documents, which despite being requested have not all been forthcoming.
          Thanks again for your earlybird reply
          Why don't you call the Probate offices? Below a link to a few,with contact details hope
          that helps.

          http://www.probate.uk.com/probate_registry.html

          Comment

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