QLD caveat on deceased estate

[7and3]

Hi,
My mother has been a carer for an elderly lady for many years. The lady wanted to gift my mother her property whilst she was able to do so. The lady has never had a relationship with her own children and grandchildren and there has been very public animosity between them for many years.
The lady recently passed and my mother has received a caveat over the property on the grounds of "undue influence and/or unconscionable conduct in connection with the transfer".
Does she do anything or is this an innocent until proven guilty situation. Can she apply to have this removed. Does she sit and wait.
We really do not know where to go from here.
Thank you.

 

[Tim W]

Has the transfer already been made?

 

[7and3]

Yes it has on March 17th this year. Sadly the lady passed several months later.

 

[7and3]

I just re-read my original post and can see I was not too clear. Yes transfer of property was done at the wishes of the lady. She also put this in her will that she wanted my mum to have the property, but decided to gift the property whilst she was still able to.

 

[Tim W]

The caveat is to stop your mother from selling the house,
while they contest the will.
In Queensland, there are time limits to this stuff.
Your mother will need a lawyer, pretty much immediately.
This, while not be an unusual set of facts,
nor an especially complex area of law,
is way past do-it-yourself.

 

[7and3]

Thank you. I note that the caveat is dated 20th Dec and the letter from the registrar to notify the parties is dated the 21st Dec. My mother only received this in the post on 29th Dec which I assume is due to the busy Christmas time and public holidays.
I note after some research that my mother can give notice to commence proceedings on the caveator within 14 days. Below. I suspect that the other party lodging knew my mother would be challenged during the holiday period to get legal advice so her option to serve notice on the caveator to proceed would lapse.

Is it suggested that my mother complete the required form 14 for the registrar and serve the parties herself with a notice request to commence proceedings. I can see that if she does this then the person that put the caveat on the property has 14 days to commence proceedings before the caveat lapses. If my mother does nothing then they will have three months before it lapses. Lodging a caveat this time of year indicates that they would not want the 14 day pressure.

Any assistance is appreciated.

2 Caveatee’s Notice to Caveator [11-0120] The caveatee may serve a notice on the caveator to commence a proceeding in a court of competent jurisdiction, within 14 days of service of the notice, to establish the interest claimed in the caveat (s 126(2) of the Land Title Act 1994). For further information, see ¶[52-0020].

 

[7and3]

Good morning Tim,

Might I ask, we have until Thursday to request the caveator to commence proceedings within 14 days or a lapse will occur.
Is this an action that has consequence and would it be advised.
The grounds of the caveat are untrue and it will take the other side a lot of time to gather information to start a claim so if we make a request to commence, the shorter time might cause a lapse and put this to rest.

Thank you.

 

[Tim W]

Your mother should consult a solicitor,
who will be able to provide her with case specific advice.
She should do this without delay.