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family member threatening a caveat

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  • family member threatening a caveat

    My mother & uncle were appointed executors and power of attorney to my nan's will & estate many years ago. 10 years ago my nan was diagnosed with dementia. And my mother became her full time carerer, due to her needing 24/7 care. the house had to me alter to meet my nan's needs. 3 years ago this family member made false allegations & spread malicious lies over social media, in regards to my mother's power of attorney for my nan's estate.
    Sadly now upon my nan's passing this family member has reared their ugly head again, threatening caveat if a copy of my nan's will isn't sent to her within 7 days! (A family member that's done nothing towards helping with the care of my nan and only ever visited once a year, and that stopped completely 3 years ago.) she's also claims that she was legally advised that she could contact the police with allegations of abuse of power of attorney!!
    I'd like to see how over 10 years of 24/7 care for someone with dementia and who became immobile for the last 6 or 7 years would cost nothing!!!
    Just would like to know our options and what we can do in regards to the malicious texts and posts by said family member
    Tags: None

  • #2
    Re: family member threatening a caveat

    Trying to tag [MENTION=39710]des8[/MENTION]

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    • #3
      Re: family member threatening a caveat

      Originally posted by jd141023 View Post
      My mother & uncle were appointed executors and power of attorney to my nan's will & estate many years ago. 10 years ago my nan was diagnosed with dementia. And my mother became her full time carerer, due to her needing 24/7 care. the house had to me alter to meet my nan's needs. 3 years ago this family member made false allegations & spread malicious lies over social media, in regards to my mother's power of attorney for my nan's estate.
      Sadly now upon my nan's passing this family member has reared their ugly head again, threatening caveat if a copy of my nan's will isn't sent to her within 7 days! (A family member that's done nothing towards helping with the care of my nan and only ever visited once a year, and that stopped completely 3 years ago.) she's also claims that she was legally advised that she could contact the police with allegations of abuse of power of attorney!!
      I'd like to see how over 10 years of 24/7 care for someone with dementia and who became immobile for the last 6 or 7 years would cost nothing!!!
      Just would like to know our options and what we can do in regards to the malicious texts and posts by said family member
      If the estate is currently being dealt with, the Will should be public record so you could either give the person a copy of the Will or they'll get it anyway. Only if there were a problem with a Will could someone get a Caveat. If the Caveat is challenged by you/ another, you could issued them with Warning. If they maintain the Caveat, then it goes into legal action. If the claim is malicious, you put a costs order claim against them.

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      • #4
        Re: family member threatening a caveat

        Originally posted by jd141023 View Post
        My mother & uncle were appointed executors and power of attorney to my nan's will & estate many years ago. 10 years ago my nan was diagnosed with dementia. And my mother became her full time carerer, due to her needing 24/7 care. the house had to me alter to meet my nan's needs. 3 years ago this family member made false allegations & spread malicious lies over social media, in regards to my mother's power of attorney for my nan's estate.
        Sadly now upon my nan's passing this family member has reared their ugly head again, threatening caveat if a copy of my nan's will isn't sent to her within 7 days! (A family member that's done nothing towards helping with the care of my nan and only ever visited once a year, and that stopped completely 3 years ago.) she's also claims that she was legally advised that she could contact the police with allegations of abuse of power of attorney!!
        I'd like to see how over 10 years of 24/7 care for someone with dementia and who became immobile for the last 6 or 7 years would cost nothing!!!
        Just would like to know our options and what we can do in regards to the malicious texts and posts by said family member
        Keep the malicious texts and posts and use them as evidence to support that Caveat is not based on legal grounds but entirely malicious.

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        • #5
          Re: family member threatening a caveat

          Thank you for this information. money can bring out the worst in people. my nan is not cold in her grave and this family member is out for money. this family member was one of the first wanting to borrow money out of the estate, and has the cheek to accuse the person who was my nan's 24/7 carerer of abusing her position of power of attorney, and is make my mother ill will the texts and malicious posts

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          • #6
            Re: family member threatening a caveat

            Hi and welcome

            I'll never understand how people can act so sefishly, and cause so much distress to others, especially family when they are mourning the loss of a loved near one.
            My sympathies are with you and your mother and family.

            As OL has suggested a caveat that is posted without grounds can backfire on the caveator.
            IMO also there is no reason why a copy of the will should not be given, as it becomes a public document once probate is granted (and is available on line about two weeks later)

            A person who posts untrue and malicious statements on line might be guilty of libel.
            the remedy is action in the civil courts (although defamatory libel is also technically a criminal act)

            The sending of such posts to your mother could be interpreted as harassment.
            This is both a criminal offence (report it to the police) and one you can take action over in the civil courts.

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            • #7
              Re: family member threatening a caveat

              Thank you, I spoke with the police yesterday who advised to send a copy of the will through a solicitor, with a letter telling the family member not to make contact directly again and any contact to go through the solicitor, then if they should continue then the police will step in and a harassment order will be issued against them.

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