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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9070
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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A caveat is in place but has been ignored by my fathers

Customer Question

A caveat is in place but has been ignored by my fathers wife.
JA: OK. The Lawyer will need to help you with this.
Customer: What can I do ?
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: There is substantial evidence to challenge the will. Hence the caveat.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 9 months ago.
Category: UK Law
Expert:  Clare replied 9 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first.

Is his widow the Executor?

Do you mean she is simply doing nothing whatsoever about the estate?

Customer: replied 9 months ago.
she is the widow. She has received a caveat from me to her solicitor. It has been acknowledged but not challenged. She has chosen to ignore it, and placed the house on the market yesterday. Deeds changed when my father died at land registry.
Customer: replied 9 months ago.
What can I do ?
Expert:  Clare replied 9 months ago.

Was the property owned as Tenants in Common or Beneficial Joint tenants?

What other assets are there?

what does the Will say and why do you think it is wrong?

Customer: replied 9 months ago.
Owned by my father. His wife had the deeds and changed that at land registry.
Savings, and land in Chile South America.
Will has not been forthcoming despite several requests. It was made 2 weeks before my fathers death. All left To her.
What is wrong: he was not in a fit mental or healthy capacity. There was no due diligence made by witnesses of the will. I asked about probate a few years ago, and was told due to his vulnerability and health not to proceed. His wife was in remand at that time.
Customer: replied 9 months ago.
She is Chilean... I think she wills elk up and leave the country.
Customer: replied 9 months ago.
Typo sorry
Customer: replied 9 months ago.
Sell up and leave
Customer: replied 9 months ago.
I called her solicitor today and said they are no longer representing her.
Customer: replied 9 months ago.
The caveat was due to run out in May but was renewed. Her solicitor has been paid and funds released.
Customer: replied 9 months ago.
Hence my dilemma.
Expert:  Clare replied 9 months ago.

The property was not in his sole name?

How much are the savings and were they in sole or joint accounts?

Customer: replied 9 months ago.
The property was in his sole name. Now changed at land registry. He died Oct 2014.
Changed Nov 2015
Savings approx £100k joint. £30 sole.
Land £80k Unknown.
Total assets including cash approx£350k including the house.
I believe this will not have been all declared. My suspicions. My father sent me copies of the paperwork with his carer.
Customer: replied 9 months ago.
The land is in her name.
Their was a will where I was the executor...all this came to light when I went to probate.
Customer: replied 9 months ago.
Hence the caveat.
Customer: replied 9 months ago.
Typo: The land is now, since Nov 2015, in her name.
Expert:  Clare replied 9 months ago.

Have you asked how the property was transferred into her name?

Customer: replied 9 months ago.
She had access to the deeds. Kept in my fathers brief case. She did it immediately after my fathers death.
Expert:  Clare replied 9 months ago.

Even so it could not have happened unless the property was in fact held in joint names or probate had been obtained - what did the solicitor say had happened?

Customer: replied 9 months ago.
It did happen. Letters of administration was issued by her solicitor. Her solicitor was not forthcoming
Customer: replied 9 months ago.
It is on the land registry site. I checked today, paid the fee, etc.
Customer: replied 9 months ago.
She has not warned off the caveat and done whatever she likes.
Customer: replied 9 months ago.
Had it been warned, I would have made an appearance and a summons of directions issued by a district judge, registrar of the Principle Registry... Hence I will pursue a probate claim. But the caveat is being ignored.
Customer: replied 9 months ago.
Has she broken the law, swearing an oath for probate etc?
Expert:  Clare replied 9 months ago.

So she obtained Letters of Administration prior to the Caveat being registered?

Customer: replied 9 months ago.
Customer: replied 9 months ago.
I was unaware of the will being made 2 weeks before his death.
Expert:  Clare replied 9 months ago.

Did you not check for that before you filed the Caveat?

Do you have evidence of a subsequent Will made after the marriage?

Customer: replied 9 months ago.
my fathers solicitor sent me the will they had previous as I was executor.
It was when going through probate that I discovered the new will.
Customer: replied 9 months ago.
Then I filed the caveat
Customer: replied 9 months ago.
The new will was made with a different solicitor. My father has had the same solicitor for more than 45 years.
Expert:  Clare replied 9 months ago.

But in fact by then Probate of the subsequent Will had already been granted?

Customer: replied 9 months ago.
Letters of administration was granted rather than probate.
And so a caveat was submitted.
Customer: replied 9 months ago.
I have all the evidence to challenge the will.
Expert:  Clare replied 9 months ago.

Ok

When did you first discover that the LoA had been issued?

Customer: replied 9 months ago.
When I wrote to the solicitor and applied for caveat
Customer: replied 9 months ago.
Probate register too.
Customer: replied 9 months ago.
This was back in January. I have Ben collecting the evidence to challenge in the meantime.
Customer: replied 9 months ago.
Ben = been
Sorry typo
Expert:  Clare replied 9 months ago.

Ok

Have you taken legal advice on the issue before now?

What is the date of the "new" Will and who is the Executor?

Customer: replied 9 months ago.
Chambers: barrister to see if I had evidence/ grounds to challenge. This was very very expensive, but a course of action drawn up for me to follow and produce a solid claim.
Hence caveat etc.
But I have found out today that it has all been ignored as mentioned previous.New Will was Sept 25th 2015, 2 weeks before he died.
Executor and sole beneficiary: his wife.
Expert:  Clare replied 9 months ago.

Was the previous Will made before or after his marriage?

Customer: replied 9 months ago.
The previous will was made 2013.
His was was estranged at the time on remand. I know... You can't make this stuff up.
Done by my father with his neighbours and carers.
Customer: replied 9 months ago.
He was in good mental capacity and used his own solicitor.
Approx 2014 he was assessed as being vulnerable especially as he deteriorated after his stroke.
Customer: replied 9 months ago.
The stroke was not severe.
She was on remand for attacking my father, ignoring a court order to stay away from my father. She was later transferred to a secure mental hospital and released.
My father took pity on her a couple of months before he died... She wriggled her way back in, and removed all the carers and neighbour support.
Customer: replied 9 months ago.
She kept me way from the house and all contact.
Customer: replied 9 months ago.
Wife was on remand.
Customer: replied 9 months ago.
Sorry just trying to give you some background.
Customer: replied 9 months ago.
to summarise:
We have a caveat being ignored, and assets from the estate about to be sold off.
There is evidence to challenge the will.
What do I need to do, and do I need a court injunction or call the police for fraud?
Customer: replied 9 months ago.
What shall I do?