Hi, I'm nervous and hoping this might help.

["dads voice"]

I was advised back in March last year by the Office of Public Guardian to place a Caveat against my fathers estate because we had suspicions surrounding his Duty of Care and his use of finances. He past away the next day and NOT a week as we were told to expect.. This same day we were informed that his LPA of 4 years was dying from cancer after battling it for 18 months. She was also the Executer of dads will. My mum past away in 2007 and because she didn't have a will we allowed dad to be the recipient of everything they shared during their 49 year marriage. This prompted dad to write a will, the first time in 50 years. He made me aware of what it consisted of and to prevent family feuding I suggested he got his brother or sister named as executer.
Cut a long story short, on dad's passing I got in touch with the solicitor I knew dealt with the sale of his house and who authorised his LPA to check if a renewal was made in 2015 as I was informed of by his partner. From a frosty reception I was told of the will she held from 2010 and that again his sister was the executer, but because of her circumstances the second named executer was now going to action the will.....
This solicitor clearly expressed to me she was not going to involve me in any way as instructed by the executer. I requested the Larke and Nugus because we knew things didn't sound like dad unless he had been cohurst into making changes. I wont include what we think might of been a reason for the renewal but things are really bad. Greed, Control and self gain are all underlined elements. This solicitor was told the truth from the start but has decided to shut off any communication with me. Can this be right? I am one of four remaining Kin. Sadly my eldest brother died a few years before dad.

The first Caveat ran its time so I had to renew it. It was just after the second caveat that I received a letter from said solicitor asking me why I placed it. She wont respond to phone calls, she wont acknowledge emails so I hand delivered her reply. Again, no follow-up from her in anyway. So recently I tried contacting the second executor. No, he wont talk because he's been advised not to according to his daughter who now it seems to be the person the solicitor communicates with. I was told however that my dads estate has been past to a senior partner as he's more experienced ,yet after numerous daily calls this past week he too is shutting me out, not getting any return calls.. I was expecting a copy of the will and other papers a few weeks ago but all I seem to be doing is being hung out to dry.

Originally dads funeral were pre-arranged from a hospital bed, not at all fitting for a man that served 26years in the army. We managed to register his death so we got to give the funeral he deserved. A very honouring day, Covid rules meant only 10 members so he had his kids and the older grand children all present. A commemorative reef from the British Legion was arranged and he had the Coat of Arms too alongside the 4 horse and carriage. We did him proud.

Its now getting time to choose to place a summons on the estate or another caveat. I have paid a few times to consult over the phone with a solicitor that's willing to represent us but I know it could run into the thousands, money I don't have and which is scarring me as I've been told it could cost me my house. I have asked a few times to have a meeting with all concerned but that offer is still dormant. I am now to write a letter of complaint to the solicitors in question because I consulted with the Legal Ombasman last week and that's the right way to go about things before involving the SRA.
Paper trails have been asked for to strengthen our findings but to get them means authorisation is needed from the executor which still falls on the solicitor that wont grant the permission. I' m still waiting for an invoice to be paid for dads coffin topper that was past by the bank May last year, its been requested twice since but still nothing, not even an explanation.

So has any one else gone through the same dilema. Dads Army medals have been requested by us that he hid in his sisters house but no one knows where. They have given a reason but surely if they are mentioned in a will then shouldn't they be found?

Regarding the behaviour of the solicitors, as we are dads existing family is it right they should be making at least some contact? Probate have requested from me all proof of communications that have taken place so they can see at no time have I been untoward or threatening. I will be doing that during this week. Can paperwork be held back from us after numerous requests because they are hoping I will forget to renew the caveat? Unfortunately I'm so honest and trusting I think everyone has compassion. I have included a bit too much information to the solicitor when I've made contact and I think I might of made it harder for myself coz they're the clever ones that know the law and the Law has already let me down twice before after Safeguard requests were made.

I am my fathers daughter and I want to do as he expected me to do when it became impossible for him to speak...Truth and Honesty not lines and fabrications..
I do hope someone has been in a similar position because I'm not in a good way mentally because of what dad went through under the hand of people that were meant to take care of him.

Thanx for now and hope to see something back soon.

[MIKE770]

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[des8]

It seems to me there are two matters raised in your post, which are quite separate and need to be dealt with independently.

Firstly the will.
I understand this was drawn up by a solicitor and executed by your father in 2010
He named two executors, one of whom passed away sometime ago.
Do you have any reason to believe this will was invalidly drawn up and executed, or if undue influence was used on your father?
Do you have any reason to suppose there was a subsequent will which cancelled the 2010 will?
Do you have a copy of this will?

What is this "renewal" to which you refer?
Do you mean a codicil was added to the will making alterations to the original?
Have you seen or do you have a copy of the codicil?

A caveat should only be entered if you have reason to challenge the validity of the will.
Entering a caveat gives you time to collect the evidence you will need to challenge the validity of the will.
The solicitor acting for the executor is acting correctly when he follows the executor's instructions.
The executor is his client
If this was the will drafting solicitor he is not bound to answer a L v N letter, but he could be faced with adverse costs order if there is a court application.

Did your father have mental capacity at the time of making the will and any codicils?

Secondly the LPA
You suspect there was misuse of the LPA and his finances during his lifetime, but do you have any evidence.
This is a matter separate from that of the will,
The OPG (in my experience anyway) do not investigate abuse after the donor has passed. so if you have reason to suspect fraud or theft the police are possibly best placed to investigate.
However it seems from your post the holder of the LPA might have already passed on.

["dads voice"]

I've had problems getting back on here so apologies for this late reply..
I don't understand words used here but I get an idea of what's being asked so I can extend on what's being said....
There wasn't a newer will after the 2010 one because the solicitor that drafted it knows dad wouldn't take his business anywhere else, his partner was the P. A to her. Had there been a replacement then the executor would have contested it because dad had early dementia and had some capacity but had to assign an LPA for both financial and medical in 2014, again it was his sister the 1st executor.
We suspect the 2nd named executor was added by the solicitor when the 1st one was told her cancer was terminal and she was on the end of life.....
After her death the 2nd named executor didn't want the role has just given the sorting of dad's estate to the solicitor that drafted the 2nd will. The 1st will after my mum died was drafted by another solicitor, a good friend from the Rotory group my aunt was chairman of. He's since retired but I'm hoping somehow I could request a copy..... If files are kept. I know that this one was exceeded but because its contents and dads instructions didn't please his sister the executor after few disputes and fallout then this is where manipulation and influences had an effect and it all changes.
To get copies of bank records needs executors permission as do medical records..... I've requested such permissions but like I said in my very first correspondence the solicitor won't acknowledge me. I've now found out everything has been past to a Senior partner as he has more experience.... believe me, this has got depth, we've tried everything needed to prove our case/findings but it all comes back to the permission is needed from the executor.
What I do want to know is: should a department in the gov have been in receipt of forms when changes were bei g made - LPA just letting her partner deal with dad's duty of care when things got difficult for her. And should some other document of needed to of been filled in if the 2nd exec decided he didn't want the roll. Surely he can't just pass that over to his daughter to deal with.... Dad has 4 remaining next of kin.
Thanks for any information you have that might lift my mindset. I'm in taters...