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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32177
Experience:  Over 5 years in practice
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I am looking for legal advice on behalf of my mother, she has

Customer Question

I am looking for legal advice on behalf of my mother, she has taken care of my Nan and my late Granddad for the last 11 years, even though my mums sister lives local to them but my mums brother lives in Australia.
My Granddad passed away just over a year ago leaving my mum to care for her elderly mother on her own, in this time which my mum was caring for both of them my Granddad had changed his Will so that my mum would take care of the estate and house for her elderly mother, also on his death his 50% of the house Deeds would be passed onto my mum.
This brings me to the situation this has caused, my Mum didn't really have a choice, since the solicitor my Granddad employed to deal with all of his legal needs had already got all of his legal papers my mum had asked them to deal with the final bits to have the Will read and dealt with, during my Granddads lifetime he has financially supported both my mums brother and sister, so obviously when my mums brother learnt that he wouldn't be receiving anything from my Granddads passing he put a caveat against this happening. This had caused the Solicitor to overcharge my mum unnecessarily which she had the financial ombudsman involved against this solicitor and had the overcharges reduced, however due to this dealing the process my mums brother had the caveat issued again, so my mum asked them to return the legal paperwork to her if this was done for a third time which the date will be due anytime soon for my mums brother to do so.
My question really is, because he has no right to keep having his solicitor issue a caveat and is only withholding the estate from my elderly Nan and my mum so that she can care for her as my Granddad intended her too, would there be some way that she can have another Solicitor request the legal documents from my Granddads current solicitor and deal with resolving this matter for her?
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name is Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Why is he withholding the estate from your nan please?
Expert:  Clare replied 4 years ago.
Thank you for your question. My name is Clare and I will do my best to help you but I need some further information first.
Customer: replied 4 years ago.

We simply don't know, other than my Mum believes her brother must be disappointed that he is not receiving anything financially from my Granddads passing.

The Solicitor that is dealing with this matter, as I explained, has already vastly overcharged my mum, due to trying to find this information out, as I said, we don't understand why he is getting his solicitor to issue a caveat against the Will proceedings? And only making my mums life more and more difficult to look after her Elderly Mother. This has gone on for over a year now and it's becoming very frustrating for all of us.

Expert:  James Mather replied 4 years ago.

in a nutshell, you are asking whether you can deal with this yourselves rather
than avoid solicitors costs? Is that the question?

so, what does your grandfathers will say about who is the executor?

it the solicitor?

it just your mom who asked him to deal with the final bits of the will?

is the value of your grandfathers estate?

50% gone to your mother and 50% gone to your grandmother with your grandmother
being allowed to live in the house for life or, something like that?

his only query what he would normally have received?

the solicitor warn off the caveat?