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Caveat or injunction

5 replies

samanthawashington · 27/01/2021 15:48

My BIL is challenging his late wife's will under the inheritance act for reasonable financial provision and beneficial interest.

Unfortunately the solicitor who has been giving him advice cannot take on the case further as he says it is likely to become 'contentious '. He will recommend a more suitable solicitor but warned that solicitors have been really busy due to covid and home working.

Please clear up a point as he offered to put a caveat on first. The will itself is legal but it is challengeable under the IA. I've read a caveat is not regarded kindly by a court and an abuse of the system if the challenge is under IA. From what I've read an injunction is what we need?

Does it take long for an injunction to be granted under the present circumstances.

I don't believe probate has been applied for as the house hasn't been valued yet.

OP posts:
Familylawsolicitor · 28/01/2021 09:08

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samanthawashington · 28/01/2021 10:38

@Familylawsolicitor Thank you. The current solicitor is dragging his feet and has for several weeks. We just need some recommendations (still not heard from him for these) and my BIL has not only lost his wife before Christmas but is at risk of losing his home, so he is incredibly anxious. He wants the correct solicitor but doesn't know who to approach in his area. Just relying on this particular solicitor for recommendations. One solicitor BIL approached said it was 4 weeks just to get an appointment.

Luckily probate is slow so it's working in our favour, as well as the house cannot be valued because of covid.

OP posts:
Familylawsolicitor · 30/01/2021 08:40

This reply has been deleted

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samanthawashington · 30/01/2021 18:48

@Familylawsolicitor I've messaged you, thank you

OP posts:
samanthawashington · 31/01/2021 16:29

We have a good solicitor at last

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