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Probate/caveat/appearance

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  • Probate/caveat/appearance

    Hi all,

    i understand the process for raising a caveat and issuing a warning, but have a question about appearances.

    my specific situation is that my Dad's will leaves the estate to my sister and I in equal proportions.

    Originally my sister and I were joint executors. Some years ago due to harassing and bullying behaviour by my sister's husband, my Dad created a codicil removing my sister as executor and wrote a note explaining why.

    Sister's husband has now put a caveat on the probate and refuses to discuss it with me or any of his family. This is typical of his obsessive and controlling nature.

    so.....if I or my solicitor issues a warning, what grounds could he have to make a valid appearance.

    - he has no interest in the will which is contrary to mine(in fact, does he have any interest in the will at all?)
    - he has no grounds for applying for probate himself
    - he has no grounds for sugsting that I am unfit to be executor

    if he does enter an appearance, can it be rejected for having no valid reason and then probate is granted?

    Thanks
    D.
    Tags: None

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