Probate Caveat

[SmurfEater]

Re: Probate Caveat

Sorry... I didn't make last post clear... I sent all documentation and cover letter special delivery to her solicitor and also emailed them telling them to expect it and also attached cover letter!
I also asked in cover letter if they could ask her why she raised caveat!

[Peridot]

Re: Probate Caveat

Sorry misunderstood. Let's hope there is some progress now.

[SmurfEater]

Re: Probate Caveat

Thank you for all your support... It is much appreciated!

[SmurfEater]

Re: Probate Caveat

Sisters Solicitor emailed me asking for valuations on house, I based valuation on an insurance valuation I had on property last year, and house prices in the area. Do I need to get a probate valuation? I was under the impression that you could use your own valuation? If anything I over valued the house as it needs quite a lot of work. There is someone renting house at moment, and they are on holiday, so I can't arrange a valuation until they return.

[Peridot]

Re: Probate Caveat

Hi,
It would be best to get about 3 estate agent valuations. Insurance valuations are not really used. It is important to explain that the valuation is for probate so needs to be the likely value the house would have sold for on the day your mother died. If you get three from local estate agents and then take the average, or the most likely depending on the state of the property etc. I would suggest pointing out any major issues, however be aware if the property eventually sells for substantially more than the valuation there may be capital gains tax to pay.
I hope that helps?

[SmurfEater]

Re: Probate Caveat

Thank you! I also sent her solicitor a copy of Mums medical history summary that I had from the doctors... without even being asked for it.. they have now asked for full medical records.. that I don't have! I don't as yet have anything to defend as she still hasn't told me why she's entered caveat!

[Peridot]

Re: Probate Caveat

I suspect if they are asking for a full set of medical records they may be exploring the possibility your mother did not have capacity when she wrote the Will. But you will have to wait and see. I would tell them you don't have a full set and propose they obtain them if they wish to have sight of them. There will be a fee for the records.
If I recall correctly mum was diagnosed some 2 years after she had prepared the Will and provided the company who prepared mum's will checked her capacity issues at the time this shouldn't be an issue. It seems they are trying to think of anything to enable a claim at this stage. Sit tight and see what they come up with next. Even if there is speculation that your mother was suffering from dementia when she had her will prepared, it does not in itself mean that she did not have capacity when she signed the Will. The issue of capacity is at the moment she signs and that she understood the content and effect of the Will at that time.
Wait and see what they suggest next. I suspect they are exploring every option before deciding whether there is even a claim!

[SmurfEater]

Re: Probate Caveat

Thank you...your information has been invaluable!
If they keep emailing me I will definitely need to instruct a solicitor on my behalf as they are probing me for answers to things constantly... And as I have nothing to hide I am being as upfront as I possibly can but its proving stressful!
I have given her until end of month to give me a reason for entering caveat so I'll have to see what this brings! Is there anything else I need to ask them for?

[Peridot]

Re: Probate Caveat

I'd just sit tight and wait for them to come to you. You can't disclose anything you don't have. It sounds like they are looking at the validity of the will so they may ask for the details of who prepared it. It is for them to contact the company for the information.
It may be necessary for you to get a solicitor at some point, for some support if nothing else but hopefully it may be avoided.
Their requests do seem exploratory at the moment maybe as they are trying to establish if there is even a claim.

[SmurfEater]

Re: Probate Caveat

They now have absolutely everything I have so yes... You are right... There's nothing else I can give!
Witnesses who signed Will have said they would make statements regarding Mums ability and understanding so fingers crossed!
Thank you so much once again for your patience!

[Peridot]

Re: Probate Caveat

That's good about the witnesses and the fact they remember witnessing. So often people can't even remember. Getting all your ducks in a row so to speak. Well done, it will get sorted eventually, although I suspect some to-ing and fro-ing yet I'm afraid.
Here if you need us.

[SmurfEater]

Re: Probate Caveat

Is there anything you feel I should ask her solicitor for?

[SmurfEater]

Re: Probate Caveat

Well... all is quiet at moment but I've given sisters solicitor until 31st of this month to get back to me with a reason for entering Caveat... if this isn't done do you think I should get my solicitor to intervene and issue a warning? I'm just worried about cost!

[Peridot]

Re: Probate Caveat

Hi again,
A warning may get a response. It is something you can do yourself so you wouldn't need to pay a solicitor to enter the warning. I suspect that the response will be that they are looking into will validity. However if your sister's solicitor is now requesting copies of your mother's medical records it may be some time before they are able to advise your sister whether there are grounds for a claim or not. Medical records can take an age to be sent to the person requested. They will no doubt be somewhat large. Although the solicitor would only have to look at the relevant bits they will of course have to identify those bits so to speak. They will also be waiting for your sister's instructions on any advice they provide.
A warning would get a reaction or not, which may be to your advantage of course if they do not respond. However, I suspect as your sister has a solicitor acting then the solicitor will respond to ensure the caveat remains in place for the time being. Probably not what you want to hear.
From a monetary point of view, if you sit and wait it is of course not costing you anything although it could drag out for some time before you know what is happening. If you push it then it may be dealt with more quickly but could also increase the costs at this point. Of course if a claim is eventually made then the costs will increase considerably anyway.
I can't really decide what is the best course of action for you. At this stage I would wait and see if you receive a response to your disclosure. You will need to decide how long you are willing to wait for that response. Pushing things can go either way. It may get your sister to back down and leave well alone (depending on what her solicitor finds in medical records I would suspect) or it may encourage her to make the claim sooner, which would mean that things will move on to a conclusion but then you have the cost issue.
Maybe if you haven't heard anything by the end of next week you write to her solicitor again requesting a response to your previous letter. Until you know what her 'plan' is you can't even ask your own solicitor on ways that the matter could be dealt with by way of offers to settle for example.
It is very frustrating for you not knowing what they are thinking and being unable to finalise matters in relation to your mother's estate. Just remember it is not costing the estate money at this time. Give yourself some breathing room maybe. You indicated in your original post that you were in no rush so maybe that is the attitude to have for a little while longer?
Hopefully you will hear soon but a little nudge to her solicitor in a week or so after the 31st wouldn't be a bad idea.

[SmurfEater]

Re: Probate Caveat

Thank you soooo much for your time, you are very informative, you wouldn't believe how much you have helped!
I'm not concerned about validity of the Will at all, and it was executed correctly. Plus I know Mum wasn't diagnosed with dementia at time of Will writing, and she certainly knew her own mind, and if my sister wanted to try the undue influence route, witnesses are also certain she knew exactly what she wanted and the worth of her estate.
As you said, it's the not knowing what the caveat was entered for that is distressing, as if I knew, I'm sure we could sort this between us, without it costing the estate anything, but unfortunately sister has chosen not to communicate with me.
Thank you so much once again for you help!