Further advice sought on Inheritance claim

[redsmiffy]

Further to my other thread titled unexpected caveat.

After receiving a Larke v Negus from the will drafting solicitors, which weighed heavily in my favour, the other side were instructed by their solicitor to lift the caveat which they failed to do.

As a result, it expired and my probate application is awaiting approval from the registrar. I have accepted an offer on my mothers property which has to be sold to repay an equity loan.

My solicitor has said I must wait a further 6 months before I can distribute the balance of the estate, to allow the other side to produce a letter of claim! Is this right considering how much they have messed my probate application around? What if I went and bought a property for my family, would I be breaking the law even though I am named as Executor and sole benificiary of Mum's estate?

Any advice welcomed. Thank you.

[pt2537]

Further to my other thread titled unexpected caveat.

After receiving a Larke v Negus from the will drafting solicitors, which weighed heavily in my favour, the other side were instructed by their solicitor to lift the caveat which they failed to do.

As a result, it expired and my probate application is awaiting approval from the registrar. I have accepted an offer on my mothers property which has to be sold to repay an equity loan.

My solicitor has said I must wait a further 6 months before I can distribute the balance of the estate, to allow the other side to produce a letter of claim! Is this right considering how much they have messed my probate application around? What if I went and bought a property for my family, would I be breaking the law even though I am named as Executor and sole benificiary of Mum's estate?

Any advice welcomed. Thank you.

I dont cover probate, but i would have some difficulty if you retained a solicitor to advise, and that solicitor has now advised you on your rights etc, and you are seeking a second opinion here. Perhaps if you lack confidence in the solicitors advice you need to be having discussions with your solicitor, and if the discussions arent fruitful then you may want to look at an alternate lawyer.

[des8]

I would go along with your solicitors's advice and not spend that legacy.
The other side have 6 months from probate in which to lodge a claim under the Inheritance(Provision for Family and Dependants) Act 1975.

If you spend that legacy (not an offence) but they then successfully make a claim you will be liable