how to prevent my caveat from being removed

[mondee]

My Father passed away 4 years ago. He died intestate and after finding out about my father's wifes illegal actions regarding his fanical affairs, I placed a caveat on his estate to ensure that I recieve my leagal share of the estate. I also wish to inherite my brother's grave (who is not my stepmother's son). Her solicitor wrote to me and I noticed that he did not outline my correct legal entitlement as it is clear that she is after a share of my entitlement. At the time of my father's death she would have been entitled to £125000.00 and to live off the enterest only of half of the remiander. However her solicitor is under the impression that she is entitled to part of my share (even though I have not asked her to sell the house) and her thinks that she is entitled to any costs that she has incured for decorating the home. We were negotiating the terms under which I would remove the caveate (as I am trying to ensure that I am involved to the selection of the estate agents to prevent her from selling the house at a loss) when my mother fell ill. I advised them that my mother was very ill and that I needed more time to respond to their last letter. In the meantime my mother passed away and i have been greiving this past week. I woke this morning to find that they have sent a warning to the probate office. My question is this...her solictor has still failed to correctly outline what I am entitled to in law and this needs to be ironed out. can I still prevent them from removing the caveate whilst this is done and can I still continue with the negotiation as I still wish to have ownership of my brother's grave and can I still use the evidence that I have regarding my father's wife's fraudulant behavior to ensure that her application for probate is monitored?

[bednobs]

this seems like an exceedingly complex area of law, and i'm not sure that any advice you could get on an internet forum will be worth the sum you paid for it (ie free)

[Barmaid]

The only way you can prevent your caveat being removed is to enter an appearance to the warning.

Could you give some more details about her alleged fraudulent behavioiur? If you've got really good cogent evidence of fraud (and it would need to be almost to the criminal standard of beyond reasonable doubt), you could try an application under 116 Senior Courts act to have an independent administrator appointed.

This is quite a complex area though so I would suggest you seek legal advice as soon as possible. You only have 7 days I think to enter an appearance so you best get a move on.

However, proceed with caution, if you are unsuccessful you may have to pay her costs.

[tonywiltshire]

Anyone who may be adversely affected by a caveat may bring proceedings against the caveator for the removal of the caveat. Remember caveat means warning and this is appropriate in this instance, as ever barmaid is correct, this is a complex area of law and you should seek legal advice.

[Nibble]

I would listen to Barmaid - consult a solicitor on Monday morning, don't delay.