What Can I Do After My Caveat Has Been Sealed?

[Asphodel]

I have got as far as sealing my caveat. Is there anything else I can do without a lawyer? My problem is that I have no money to spare for a lawyer and am worried I can go no further.

[woofgang]

have you posted the rest of the story on here somewhere? otherwise I don't think you have given us enough info to answer.....

[Asphodel]

It is a long story but will be as brief as poss! I was an only child and my parents had a good friend, who worked in my father's office. They ended up living in the next street and I was looked after by her mother when my mother worked. I called her Aunt and her parents Nana and Granda and eventually all her relatives were closer to me than my own family and I saw them all the time. When my father and she were promoted to another part of the country we moved and she lived with us. When they were made redundant we all moved back to our former town and my mum, dad and aunt bought a business together in which I worked. My mum died and my father was ill and the business was sold and mt dad and my aunt bought a house together, my father paying more than my aunt. I lived in the house and helped look after him and also worked. When my dad died he left the house to her in a prearranged agreement about which I knew nothing. He also left her and I equal small amounts of money. I had moved out of the house shortly before my dad had died but was still virtually living there to help look after him. He died in 1990. My aunt and I saw each other on at least a weekly basis and when I married and had children they were regular visitors. She saw me as her daughter and the children like grandchildren. She also told me she would leave me the house. As 3 of 4 of my children have a disabling hereditary illness, my husband also ill and I with the burden of care and unable to work we have found life very hard and had to give up our property and have no money. My aunt went into a home in 2012 because of dementia. Her sister organised this and left me out of any arrangements. Her sister resents me being so close to my aunt. She also sold the house. My aunt died last year and it turns out that her niece who she hardly saw but whose daughter worked as a will writer persuaded her to write another will. Her last will was 2002 and drawn up at the family lawyers. I now know that in that will the house was to be sold and the proceeds divided equally between myself and her sister and brother in law. The new will will was probably drawn up at her home and then she was taken to the grand niece's lawyers and the will was witnessed etc. This was 2010. I am not in the will and the niece, her sister and her 2 brothers are in the will together with the sister and brother in law. The 2 brothers never visited my aunt ever and the sisters not much. She was exhibiting signs of dementia when the will was drawn up but I do not know if it was officially diagnosed then. My aunt told people about the fact that she regretted making the will and people tried to help her but eventually she went into the home without this being done. Her brother in law who was the executor of both wills regrets the second will and believes it to be wrong. But he is now in poor health. I have gone as far as to enter an appearance in Feb and have worried about it ever since as I have no money for lawyers. Apart from really needing the money, it would make such a difference to our life and my mental health, I cannot allow such a terrible thing to happen as to allow them to get away with swindling an old confused lady for their own greed.

[woofgang]

There is a lady called Barmaid on here, hopefully she will find this and give you some proper advice. From the little that I know, from having been in a slightly similar situation myself, I have to say that from what you have told us, I am sorry but i don't think that there is much if anything that you can do.

[EDDIE51]

I don't like having to say this but I think you stand no chance unless you can get a lawyer to help out. This is a complicated case and involves contesting a will, not something the average person could do. Could you afford to get an hour or so legal advice, solicitors used to offer a 1 hour advice service for a nominal fee, not sure if it still operates. That should at least tell you if it is worth fighting.

[ummmm]

I'll send BarMaid a link to this thread.

[Asphodel]

I have contacted one of those lawyers that advertise online and they said for £500 they could check if a lawyer was present when the 2010 will was made, which I do not think was the case, which is highly significant legally and also they could find out if she had been diagnosed with dementia before the 2010 will. It is thought by her brother in law that she was diagnosed before 2010 will.

[Peter Pedant]

see what Barmaid says

[woofgang]

Hmmm yes indeed barmaid is the one you want but from a health and mental health point of view (I am a retired NHS clinician and had to do training regarding capacity legislation), being diagnosed with dementia doesn't, on its own, prevent someone from making a valid will. It will depend on this thing called "capacity" which means that the person understands what they are doing and the consequences of what they are doing and the person is able to express their wishes clearly.

[Asphodel]

I have cited incapacity for my reason for bringing the caveat but also undue influence about which I am in no doubt. The executor of the will agrees with both reasons. He says he will give evidence if it goes to court and has already told the lawyer dealing with the will that she was not in her right mind for some time. He is very angry about the later will.

[LexIOM]

Think that you will need a lawyer, but you should be able to get some initial advice either free of charge or for a fixed price of no more that about £250 + VAT.

Not all lawyers are rip-off merchants, but sadly some of them are.

[woofgang]

This is getting more and more complicated. There is an executor of the will but a solicitor dealing with it? Did the executor employ the solicitor or was the solicitor named in the will? whose incapacity were you citing in your caveat? I assume you mean the testator's?
You really really do need proper legal advice on this. Contesting wills isn't cheap and if you fail then there are no refunds!

[Asphodel]

There are actually 2 executors of the later will. 1 is the brother in law who is unhappy with it and 1 is the neice whom I think forced my aunt to make this will. Since I entered a caveat she has informed the solicitor she no longer wishes to act as executor. A lawyer is dealing with the will also which I understand is normal. I am on the outside of this and only knew that such a will existed because the brother in law whom I call "uncle" has told me of it and has allowed me to see a copy of it as he regrets having anything to do with it and feels that it should never have been made.

[Asphodel]

As I am not part of this I do not know who employed the solicitor. I only know that this solicitor served me the warning on behalf of the executor. The incapacity I am citing is of course the testator.

[woofgang]

sorry? served you the warning? I don't understand.

[Asphodel]

The warning to my caveat. Then I had to make an appearance at Leeds Probate office which I did, and now the caveat is sealed.