Posted: Saturday, 1 June 2024 @ 12:04
If elderly abuse has happened what practical legal steps can I take? Here are some steps:
Lodging Caveats Often a sensible first step is preventing a grant of probate to an unsuitable executor and that is to enter a caveat , since it generally stops a grant being made in respect of an estate.
Make A Larke v Nugus Request - A Larke v Nugus request can be made by any person who has a genuine concern regarding the validity of the Will and is often made when a client is looking to challenge the validity of the Will for reasons such as: If you are making allegations against a Will drafted by a solicitor you need a Larke v Nugus Request done in which you write a series of questions to the solicitor who drafted the will.
Challenge the Will - Where you have evidence of coercion of the Deceased relating to the Will and/or lack of capacity you can consider getting it overturned.
Force the Current Executor To Renounce -The executor renounces as Executor and steps out of the picture. This allows the next entitled person to take a grant of probate. Renunciation is an ideal option (and very cost effective) but only a possibility where an executor is cooperative, since he or she cannot be forced to renounce.
Inventory and Account - A quick way to force a very silent executor to account for his/her activities is to apply for an order that he or she exhibit an inventory and account of the administration. This should be done by applying to the Probate Registry. If the Estate is more complex make a Part 64 application for disclosure.
Removal of Executor - One of the most dramatic steps is you applying for the executor to be removed or replaced in the Chancery Division of the High Court using a Part 8 Claim Form and supported by written evidence. If there is more than one executor, the others must all be joined as parties, often together with the residuary beneficiaries. If a sole executor is being removed, a substitute should be sought otherwise the estate will be left unrepresented.
Sue as a Beneficiary - If you have suffered direct loss due to the conduct of an executor or attorney, you could suing in your capacity as a beneficiary of the Estate.