Probate and Caveats

[Twiglet21]

Hello all, I'm hoping to gather some advice and opinions in order to help my dad out.

My dad, along with his brother, is named as an executor on his father's Will. We firmly believe my dad's brother placed undue pressure on their father to change the Will largely into his favour, so whilst we investigate and try to prove this, another family member has placed a caveat on the Will.

The solicitor dealing with the estate knows that the caveat exists, but is still keen to move forward and get the paperwork signed and progress towards probate; this is where my dad is now in an awkward position:

• he doesn't want to sign the paperwork because by doing so, he is agreeing with the Will, which he doesn't
• if he doesn't sign the paperwork, the solicitor could accuse him of delaying the process and possibly remove him as an executor, which we really don't want to happen
• if he does sign the paperwork and they apply for Probate, my dad's brother (the other executor) could ask the solicitor to contest the caveat and try to have it removed

Any advice what my dad's next move should be please? I hope all the above makes sense!

[des8]

Re: Probate and Caveats

Hi and welcome.

Family disputes over wills>>>>>>>

Does the solicitor know that one executor believes the other executor used undue influence on your grandfather to change his will?
Does the caveator realise that if he lodged the caveat solely to delay the grant of probate, and not because he is challenging the validity of the will he is laying himself open to costs?

Is your father aware that for a claim of undue influence suspicious circumstances alone are not sufficient, and that he will require strong evidence that actual coercion took place?

If your father continues to refuse to cooperate with the solicitor, his brother could issue a warning to the caveat anyway!
The caveat needs to be lifted before probate is applied for anyway.

Next move is to either explain everything to current solicitor, or if father distrusts him (chosen by your uncle?) find another solicitor.
I trust your father knows that contentious probate is expensive, and solicitors costs will soon deplete the estate.

But good luck anyway, and I hope the suspicions are soon allayed, the estate settled, and the family unriven