Q. Can I find out if someone has applied to administer an estate?
A. Yes, we can on your behalf either carry out a standing search at the probate registry, or enter a caveat, so that you can be notified in the event of an appliction being made.

Q. The probate registry say they cannot proceed with my application, because someone has entered a caveat. What is this?
A. A caveat is a notice placed at the probate registry, requiring the probate registry to notify that person when an application is made for a grant of representation. We can advise you about this, and your options of how to proceed.

Q. My father has changed his Will to exclude me. Can I challenge this? 
A. There are various ways in a Will can be challenged, once the person who made the Will has passed on.  If, amongst other matters, there are, for example, concerns about whether the Will was properly signed and witnessed, or about whether the person who made the Will was of full mental capacity, or did not fully approve or understand the terms of the Will, or was under someone else’s undue influence, then a challenge to the Will can be raised.  We would, of course, need to know all the circumstances, to be able to advise.

Q. The executor of the Will, under which I am a beneficiary, is not taking action. Can I make him administer the estate?
A. Yes. We would need all the details. A beneficiary can take action to make an executor proceed in a timely fashion, or produce accounts of the estate.

Q. My partner has died without having made a Will. His family claim all his assets and want me to move out of the house. Do I have a claim or right to stay in the house?
A. A long term co-habitee or financial dependent of a deceased person, may have a claim against the estate, depending upon all the details. The way in which the property was purchased or who made contributions may be relevant.  With all the details we will be able to advise you.

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