Executors role in contentious probate


(Sedelstyn) #1

I have been passed a probate file which has become contentious. The (distant) family of the deceased were not included within her Will (she left most of estate to charity) and so they entered a caveat and we received a Larke v Nugus letter. We replied and entered a warning. They then entered an appearance together with another letter which doesn’t really progress any further. As the partners of the firm are the executors I assume that we can obtain Counsels opinion on the merits at the expense of the estate? Would we be obliged to disclose any advice received to both parties and also what would we do then? As we are supposed to remain nuetral which party should progress matters further. The Caveator has taken no steps to bring a claim since the appearance was entered. I was hoping that in the event that Counsel’s opinion is favourable we should just ask the caveator to agree to withdraw and if they refuse ask the other party to take the matter further? A few pointers would be appreciated.


(Antonio) #2

Hi, is there any possibility to mediate as they are merely Family, it sometimes bring the family together in the end with a win win for all…just a thought.