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[Dave Craig]

Hi and thanks for the invite.
i recently lost my father to Covid-19 and 3 months ago took out a Caveat to stop my brother and the legal executive who did my parents wills being granted probate. I have just heard that my brother has now been granted probate and instructed the estate agent to put the tenant out and sell dads house. I have not been informed by the probate office of the fact and I understand that this can’t happen without me being informed. Is this correct?

[Celestine]

Hi and welcome - not my area of law sorry, but check back tomorrow when hopefully someone more knowledgeable will have taken a look. Very sorry to read about the loss of your father. X

[Dave Craig]

Hi and welcome - not my area of law sorry, but check back tomorrow when hopefully someone more knowledgeable will have taken a look. Very sorry to read about the loss of your father. X

Thank you.

[des8]

If you entered the caveat correctly prior to the grant being made, the process should have stopped.
Rule 41 of the Non contentious Probate Rules 1987 give the registrar power to revoke a grant.

So 'phone the registry and find out what has gone wrong, and what they will do to correct the situation
Be ready to quote your caveat reference

[Dave Craig]

If you entered the caveat correctly prior to the grant being made, the process should have stopped.
Rule 41 of the Non contentious Probate Rules 1987 give the registrar power to revoke a grant.

So 'phone the registry and find out what has gone wrong, and what they will do to correct the situation
Be ready to quote your caveat reference

Thats great and what i wanted to hear. I was worried that because probate has been granted, probate office have made a mistake somewhere and it could not be rectified. Thanks for that.

[des8]

Be warned the registrar might not revoke the grant.
It might be that they will see this as contentious, and not be able to use the powers under Rule 41.

[Dave Craig]

Be warned the registrar might not revoke the grant.
It might be that they will see this as contentious, and not be able to use the powers under Rule 41.

Well I finally got some sense out of the probate office after taking it to the top. The person who issued the grant failed to check the ‘tab’ to see if a caveat was in place. I was awarded £200 goodwill gesture for my troubles.

[des8]

Small consolation if the grant was not revoked.

Thanks for the update