Probate Caveat

[SmurfEater]

Re: Probate Caveat

I recieved this email off her solicitor:
'It is fair to say though that my client has concerns in relation to the execution of your late mother’s Will. However, the helpful tone of your emails is noted and in particular your offer to resolve matters by way of a Mediation. For the avoidance of any doubt, your offer to mediate is accepted in principle.'
Still non the wiser I'm afraid!

[Peridot]

Re: Probate Caveat

Hi,
It sounds like they are questioning your mother's capacity or reasons for making the will. I would accept the offer to mediate but I think you need to see your solicitor to get their thoughts on where any offer, if advisable, should be pitched. I suspect they are on a bit of a sticky wicket evidencing whatever your sister believes has gone on. However there are always risks if it went to Court, for both sides, win or lose.
Be guided by your solicitor on how to deal with mediation, it may be worth considering having your solicitor with you at the mediation for both guidance and support for you? Just a thought, get some advice then decide.
It may not feel like it but mediation is definitely worth a go, just to see if you are able reach a solution that is acceptable to both of you.

[SmurfEater]

Re: Probate Caveat

Thank you for your prompt reply. I was the one who suggested mediation as i'd much prefer us to talk this through so I'm happy with that! Though i was trying to save estate money I know that I will now have to instruct my solicitor to intervene so will speak to him on Monday! She can't say I haven't tried! Thank you again!

[SmurfEater]

Re: Probate Caveat

Is being not happy with distribution of assets a valid reason for entering caveat? Is asking for documents prior to Mums death regarding finances relevant to entering caveat? I have nothing to hide, as all incoming finances went towards paying for Mums care!

[SmurfEater]

Re: Probate Caveat

Well this is still going on, Warning raised and an appearance made, and Legal Fees are mounting, my solicitor wants to go ahead with what we have, and propound the Will, but my sisters solicitor is stating that they don't yet have medical evidence they have applied for and stating it was my fault for delay as I was refusing to cooperate using ACTAPS code.
I have received no evidence at all after 6 months from my sister, I have given Witness Statements from both day of writing and day of execution, doctors summary of ailments stating Mum was diagnosed with Dementia 2 1/2 years after Will writing, I've even given EPOA records which 'apparently' they have many questions over, so I await their response, but I can't see why this issue wasn't brought up many years ago as my sister knew I was struggling but did nothing!
My Solicitor just doesn't seem to be able to get them to focus on the fact that the Will needs to to proven to do anything with anyway.
Any one have any advise regarding this please?
Many Thanks

[des8]

Re: Probate Caveat

[MENTION=85500]Peridot[/MENTION] from PMs I understand SmurfEater and her solicitor really have been supplying the sister and her solicitor with everything requested, even if not to the matter in hand i.e. the will & probate.
Wen asked why the caveat had been placed OP reports the response was because Smurfeater hadn't shown her sister the will!
I am convinced the other party are on a massive fishing expedition to find anything at all to overturn the will, and my suggestion would be to start action to propound the will.

[SmurfEater]

Re: Probate Caveat

I know thats the best thing to do thank you, but should I give them more time to get Medical Records as if they haven't yet got them would this waste money in applying now?

[Amethyst]

Re: Probate Caveat

Where have they applied for the medical records from ? If under AHRA they should be supplied within 40 days from the request ( presuming they have supplied all the relevant information to enable the PCS or Hospital to provide the records )

[SmurfEater]

Re: Probate Caveat

Apparently they applied mid August, in their last letter they said there was a hold up at the records end

[Peridot]

Re: Probate Caveat

Hi,
What a pain. All this delay is just racking up costs and potentially reducing the amount in the estate available to distribute. Sorry I can't recall if they refused to mediate or are they wanting to do that once they have finished their fishing expedition, which somewhat defeats the object of trying to settle matters without the need for Court proceedings.

I would suggest discussing with your solicitor whether making an offer is an option, but with a very tight timescale. After which if the offer isn't accepted then unfortunately it's off to Court and the inherent costs of doing so.

Medical records although meant to be supplied within reasonable timescales rarely are I'm afraid. If the request is acknowledged within the 40 days there will usually be a reason for not providing them at the same time. I have spent many hours on the phone to hospitals/GP's and Health Authorities chasing records. The other issue may be that her solicitor has ordered them through a medical agency which can delay even further! Generally if you get on the phone and chase the notes with the HA/Hosp/GP you will get some results.

I anticipate all the records will have been transferred to the central records for the Health Authority or they are having trouble locating them? If you apply yourself, then there will be a £50 fee for copy records and you may well be waiting some considerable time for them to be sent to you. I suppose if you do this you can keep on at relevant provider, if they aren't forthcoming? Am I right in thinking you provided the GP records to them in any event?

I really don't understand why or what they are angling for other than an offer to settle that she believes is sufficient. This is of course pure speculation and she has apparently given no indication of what she actually is expecting.

You need to discuss your options with your solicitor how to try and move matters forward:- Do you obtain the medical records yourself? Do you issue proceedings? Do you make an offer to try and settle matters without the need for Court proceedings?

Des8 may be right it does seem they are just on a fishing expedition which the Court would not be sympathetic to, but unfortunately whatever their motivation it doesn't help any of you move forward with the estate.

More money I'm afraid, but it is important you that ascertain exactly what options you now have, to try and move things along, for everyone's sake and to allow you to move on after the bereavement.

[Phaeton]

Re: Probate Caveat

From an outside perspective it seems to me your sister is unhappy she is only getting 1/4 of the assets instead of the 1/2 she thinks she deserves, sorry I understand this does not help you & I'm sure you've thought of it yourself. I am sorry that you are having this issue, you have my sympathy

[SmurfEater]

Re: Probate Caveat

They agreed to Mediate 'in principle' as long as I disclosed POA records, which I have now done, but as my sister left me to struggle in debt for 8 years she really won't understand them at all, I'm no accountant.
I may try the 'offer' option thank you, though my solicitor isn't keen on that as she feels that the Will is prima facia valid and sister has shown no evidence of reason for invalidity, plus at this stage, would it not appear strange?
I would go to court to get Will propounded, but as they have provided no evidence I have worries they will be given extra time therefore would cost more money. I don't have full records, just a medical history summary provided by Mums doctor.
Sisters solicitor is banging on about me refusing to follow ACTAPS Code, but why should I pay for records that I don't feel necessary? Plus Social Services records they want me to apply for I have been told can only be considered for disclosure after probate
Since I received Caveat I have been asking for evidence nothing has been provided and sisters solicitor has never mentioned that medical records were even applied for so I actually doubt they were TBH.
They have given no indication of what she actually is expecting, though I have asked on many occasions.

I'm at the end of my tether, just don't know what to do for the best.