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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9436
Experience:  I have been practising for 30 years.
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My brother passed away on 7th June. I'm not sure he made a

Customer Question

My brother passed away on 7th June. I'm not sure he made a Will and my nephew is claiming that everything was left to him and has taken possession of his house and car. Can you arrange for a caveat to stop things until we are sorted. He hasn't arranged for my brothers funeral and not sure he has received a death certificate. I am the eldest surviving relative and would at least like to arrange a funeral and feel responsible for him. Can you help please?
Submitted: 2 months ago.
Category: Law
Expert:  F E Smith replied 2 months ago.

Thank you for your question - was he married? other siblings?

Customer: replied 2 months ago.
Not married. Had 3 siblings with whom he had no contact for many many years
Customer: replied 2 months ago.
What do l do now then?
Customer: replied 2 months ago.
Please tell me what is happening?
Customer: replied 2 months ago.
Am l to just cancel this and go elsewhere? I can't just keep this open forever
Expert:  F E Smith replied 2 months ago.

This is not a chat service I am afraid. It is an email service and hence there may be a delay getting back to you for which we apologise.

It is purely an online service and although we are all qualified UK solicitors, we are not allowed to take instructions and therefore, although we can tell you what to do with any particular problem we are unable to arrange it for you.

Do remember that if you arrange the funeral you are responsible for paying for it so make sure that there is enough money in the estate to cover it and make sure that your nephew is willing to part with the money to pay for the funeral.

You may be the oldest surviving relative but a child of the deceased person is a closer relative than you are and more of a position to arrange a funeral and to deal with the estate.

You can actually make an application to court for pre-action disclosure of the will if he will not let you see a copy and you can ask the court to award costs against him. If there is nothing left to you in the will and what he says is correct, you may not get those costs. He may take more notice if the threat of the court application comes from a solicitor.

In circumstances like this I always suggest to relatives and executors that there is nothing to be gained by being secretive and my suggestion to the nephew, if you were asking the question, would be to let anyone see the will who wants to see it because being secretive purely raises suspicion that everything may not be as he claims.

Entering a caveat is not that difficult

https://www.gov.uk/wills-probate-inheritance/stopping-a-grant-of-representation

and

https://formfinder.hmctsformfinder.justice.gov.uk/pa008-eng.pdf

and there is certainly no reason why you should pay a solicitor several hundred pounds for doing it.

Can I clarify anything for you?

I am off-line until later now. Weekend!

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. Then press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.