Confused by Caveat + Probate

[koalajp]

Good morning,

having just joined I would like to ask a question on stopping a grant of probate with only 4 days to go.
I was told you have up to 6 months to challenge a will and the way to do this was to issue a caveat.The probate was granted 17thApril this year and I have until Friday to challenge it.
I read the Gov website on probate and it says you have to issue a caveat to challenge the will and I now have a few days to issue a caveat to stop the next stage which I understand to be a Grant of Representation .
I have spoken to a very helpful Solicitor who tells me I can't issue a caveat !!
How on earth then do you challenge a will then?
Thank you.

[judgemental24]

Re: Confused by Caveat + Probate

A caveat should only be used where you are challenging the validity of a Will. It should not be used to extend the limitation period if you intend on bringing a claim for financial provision from a person’s estate. The Court can order costs against you if you use a caveat for this purpose.

[koalajp]

Re: Confused by Caveat + Probate

Thanks for the answerJ24 so I can still ask for a caveat if (as I know) mum wasn't of sound mind? and she was confused when she filled in her so called valid will.
I can still ask for a caveat on the above then?
Thank you.

[judgemental24]

Re: Confused by Caveat + Probate

Yes if the person was not of sound mind a caveat can be used

I believe you have to lodge it at the leeds registry office from memory

But be warned, you will need evidence to back it up or face a costs order

[koalajp]

Re: Confused by Caveat + Probate

Thanks again J24 looks like there are a number of them dotted around the country Liverpool would closest to me.

http://www.probate.uk.com/probate_registry.html

One would assume that I can apply there but thanks again for you help.

KJP.

[judgemental24]

Re: Confused by Caveat + Probate

Give them a phone and confirm as you only have a few days left

I would give my free local law centre a bell as well, that is if they have not already been closed down through local authority funding cuts

[koalajp]

Re: Confused by Caveat + Probate

Great advice J 24, will do after lunch.
Thanks for taking the time to answer my question.
KJP.

[des8]

Re: Confused by Caveat + Probate

Caveats can also be issued if there are concerns about the testator (eg capacity), or there are disputes between parties or executor or where there are issues to fraud.
link to the form: http://hmctsformfinder.justice.gov.u...pa008a-eng.pdf
Cost £20

[koalajp]

Re: Confused by Caveat + Probate

Thank you Des 8 for the link.

Can you fill and enter this form yourself? I have looked at the form and the guidelines appear to indicate that a Solicitor has to do this on your behalf.

( NB A caveat should be entered in person and can only be entered by a Solicitor on
behalf of someone else.)

Does that mean you cant enter the form yourself?

Thanks .

KJP.

[koalajp]

Re: Confused by Caveat + Probate

Thank you Des 8 for the link.

Can you fill and enter this form yourself? I have looked at the form and the guidelines appear to indicate that a Solicitor has to do this on your behalf.

( NB A caveat should be entered in person and can only be entered by a Solicitor on
behalf of someone else.)

Does that mean you cant enter the form yourself?

Thanks .

KJP.

[des8]

Re: Confused by Caveat + Probate

It means either the person entering the caveat, or a solicitor on behalf of the person.
In other words your friend can't do it for you (unless he is a solicitor!)

[koalajp]

Re: Confused by Caveat + Probate

Very ambiguous, thank you for clearing that up Des8.

[koalajp]

Re: Confused by Caveat + Probate

Have now spoken to my local Probate office in Liverpool who now yell me I can't issue a Caveat as Probate was granted on the 17th April.

It appears I have to go the Chancery Dept and ask for a small claims form and they will advise me on how to pursue my case.

So why does the Government Web site say you can challenge the Probate? when in fact I am told you cant!! by the Probate office instead I have to go to small claims court and issue a claim there.

So to recap:- Probate was issued to my con artiste of a brother (without my knowledge) he has destroyed the will that my mum wanted ie 50/50 share of everything and got her in her confused state of mind to sign another will leaving everything to him and I appear to have no choice but to accept that he conned my mum and myself !!

Justice it isn't. I have no money to go to a solicitor so I am having to do all this myself and the more I dig into this sorry state of affairs the more I think that the Legal profession lives in a state of confusion!! and have to try to understand the ambiguous directions !! give me strength why write 1000 words when 3 or 4 will do !!

I will not give up though.:doggieyes:aw:

[des8]

Re: Confused by Caveat + Probate

Sorry, but didn't realise probate had already been granted.

The time limit for challenging a will after probate has been granted varies according to the nature of the claim:
Inheritance act - claim for maintenance - time limit is 6 months from grant of probate
Beneficiary making a claim against an estate - time limit is 12 years from date of death
Fraud - no time limit

Do bear in mind that even if you proceed without employing solicitors, your brother might use solicitors for his defence, and if you lose you will probably have to meet his costs.
Contentious litigation is expensive.

And before you start make sure your brother has not already disposed of the estate

[koalajp]

Re: Confused by Caveat + Probate

Hi Des and thanks again for advice.

I had been told by a local solicitor that I could put a caveat on the probate ( he wasn't very good ) and this was incorrect and he now wants to charge me £300 for what little he did.

I now understand that you can't put a caveat on thanks to you and also a very helpful solicitor in Huddersfield who charged me zero for a lot of advice.

I have nothing, so in a way if I was to claim for fraud or the other possible actions I could follow I still have nothing so they couldn't get anything from me anyway.

I may even relay on the 'karma approach ' if you receive bad money and tell lies, then what you get back is bad!! and save myself a lot of stress and worry and get on with my life knowing that my conman of a brother will not have good future:tongue2: and I on the other hand can be blessed.

Or I write a book on what has happened and how to avoid it happening to you :doggieyes:

Thank you for taking the time to advise me .

All the best,

kjp aw: