How Do I Break A Caveat On My Own, Without A Solicitor?

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legalnewbie | 08:17 Sun 19th Jan 2014 | Civil
5 Answers
My Mum made a will at a solicitors, giving me everything, inc her half of the house.
My sister wants all of the house, says "I used force".
She wants to go to court.
I want to break the caveat on my own.
I know any solicitor she goes to see will tell her she is wasting her time and money.
I can't see how she could possibly win such a case.
I need to know step by step what to do.
Also how long will it take to get ownership of my inheritance?
I am unemployed, I doubt I could get legal aid for such a matter
My sister has an older will, which she wrote and got my Mum to sign whilst in hospital, giving her family everything.
My Mum voluntarily revoked that will by deciding a fairer will, giving an equal share.
My sister's family has my Dad's half of the house from his will.
The will does not start with: "all previous will are revoked"


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Others will be along soon I am sure but until then

If you are SURE that your sister has no claim whatsoever and will be told that then do nothing. The caveat will expire after six months unless the caveator extends it.
This Q should be in Law; Will try to get it moved for you
If sis has lodged the caveat you cannot get probate till its removed. Your mums solicitor should be informed as they will have to account for drawing up the Will in Court.

1.Before Court both sides exchange doc evidence in support of claims.
2.Remedial meeting; to reach a compromise
3.Court - ££££s. Loser pays
4. Time 2y+ depending of size of estate
Only way to do it on your own is to 'give in' & give sis what she wants
Question Author
I think she's been renewing it for 3 years.
I think her solicitor will advice her, she has no legal basis.
She is demented and irrational.
Can I get the ball rolling online, as I am abroad till Feb?
I think the forms have to be done manually?
Stage 1 - I don't need Solicitor, I just send the form back to challenge the caveat... a "warning" (with payment).
But when she answers, the court could decide she has no legal basis...then they will quash the caveat and I will be able to do probate without paying any legal professional, ...yes?
I am confident this is what will happen.
Only I am not in Uk at moment.
Can I do this from abroad or only when I am back in UK?
I think sister stole letter from me to my Mum, requesting that she considers a fairer will allocation. No "force " there...Sister also recorded a phone conversation she had with Mum, where Mum possibly denied she was going to change the will...
Anyway, bottom line is, moved into my Mum's house and cared for her, 5 years till she died. Only 2 years before she died did she change will.
Sister denied Mum, never visited or contacted my Mum in 5 years.

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