Contentious probate part 36 offer

[Ring180]

Hi hope someone can help

my brother is contesting our dads will and has put on a caveat that has been renewed and expires in April 2020.
Via solicitor he sent me a part 36 offer by deed of variation to the will he wanted to erase £30k he was bequeathed and replace it for 45% of residue estate.

we accepted the offer via solicitor who sent a letter of acceptance agreeing to his terms and that we would pay his costs.
10 days after the letter of acceptance was sent my solicitor received a withdrawal letter saying the offer was now withdrawn as they had made a mistake and wanted 45% of my dads house as well as 45% of his residue estate.

My solicitor is 75% sure the settlement stands but should we send a letter to warn off the caveat therefore risking him making an appearance and the caveat becoming permanent or should we wait till the caveat expires in April and see if they try to renew it or not.

I would be grateful for any help thanks

[des8]

Earlier thread here: https://legalbeagles.info/forums/for...1565758-part36

AFAIK once a Part 36 offer is accepted either party may apply to enforce the terms of settlement.
i would wait to see if the caveat is renewed. Its expiry isn't that far away and you it is best to avoid the possible costs if you issue a warning that is answered with an appearance

[Ring180]

just found out today that the caveat has not been renewed my solicitor is seeking council advice on the part36 offer we accepted to make sure its full and binding before she goes for the jugular she is 75% sure herself
what are the next steps involved if anyone knows

[des8]

I suspect the variation will stand and the grant of probate will be on the varied terms

[Ring180]

That's what we all think fingers crossed and thanks for the reply

[Ring180]

Update to my previous post we have found out that the other persons solicitor no longer wants to represent them anymore but we believe they have already put the probate solicitor on notice that no agreement has been reached even though my solicitor is adamant the part 36 offer stands.

The caveat expired in April and was not renewed so why are the probate solicitors hanging around? The probate solicitor applied for a limited grant in Oct 2020 but despite asking for confirmation and duplicate documents we have heard nothing.

Any suggestions on a way forward.

Thanks

[des8]

AFAIK if a caveat expires and is not renewed any pending probate application is automatically processed.
Presumably solicitor is waiting for the grant

At the moment the application is for the will as written
You have a variation (which the other party has tried to withdraw).

I suspect after the grant is made he will try to make a claim under the Inheritance act.

[Ring180]

went past my late father in laws house today to find the executor there with the nephew who stands to inherit a 50% share of the house at the completion of my late father in laws probate in the house

now
1, as his aunties estate has been completed all her residue was passed over as per her will to my father in law
2, nobody should be allowed in the house only the executors
3, why is he in the house other than to take possessions i believe

i believe this is an abuse of executors duties as as residue estate should be kept until sold off and the money put back into the estate

can anyone help on this please

[des8]

The executors duties include preserving the estate until probate is granted sand any property can be disposed off as per the testator's instructions.

This does not mean the executor can't invite others into the property, and I don't know why the nephew is there.
Perhaps the executor just wanted to be accompanied whilst he checked on the property.

[Ring180]

the part 36 offer has now been accepted so who initiates the probate the executor or solicitor

[des8]

The executor can apply, or the solicitor can make the application for the executor (of course he will likely charge)

[Ring180]

One last thing the executor is letting the place go to rack & ruin not getting the grass cut and generally it now looks like it's not being lived in
is there any steps to take them to task

[des8]

The executor only has to ensure the property is kept secure and adequately insured, and avoid the risk of damage eg burst pipes.

[Ring180]

our solicitor gave the other solicitors acting for probate 14 days in which to come up with the following requests

a copy of the grant ad colligenda and what steps have been taken to administer the estate

the 14 days were up Monday and there was no reply is there anyway they can be forced to provide information as they wanted to sell the property before june

[des8]

I think it is possible for your solicitor to apply for an order that he exhibit an inventory and account in respect of the administration of the estate (Administration of Estates Act 1925 sec 25)