ChatterBank1 min ago
Strike out of caveat
3 Answers
Solicitor wants to strike out caveat raised against OH last Will. Psychiatrist has proved OH of having testamentary capacity to sign will. This action will cancel proposed court case.
If I agree to procedure can appeals be lodged by caveatee?
If I agree to procedure can appeals be lodged by caveatee?
Answers
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You (presumably) are applying for probate of OH will? Someone else has lodged a caveat. Your solicitors have now got evidence to rebut his suggestion of locak of testamentary capacity?
Your solicitor sould therefore issue a warning to the caveat. If nothing happens as a result of that warning, you can go ahead and get probate. However, the caveator (not caveatee) can then "enter an appearance". That is effectively the start of contentious probate proceedings.
So the short answer is, yes, the caveator can take things further and if he wishes to enter an appearance would then be required to enter a Claim in the High Court of Justice Chancery Division (he could do COunty court but would depend on size of estate) for probate in solemn form of an earlier will or administration upon intestacy.
Your solicitor sould therefore issue a warning to the caveat. If nothing happens as a result of that warning, you can go ahead and get probate. However, the caveator (not caveatee) can then "enter an appearance". That is effectively the start of contentious probate proceedings.
So the short answer is, yes, the caveator can take things further and if he wishes to enter an appearance would then be required to enter a Claim in the High Court of Justice Chancery Division (he could do COunty court but would depend on size of estate) for probate in solemn form of an earlier will or administration upon intestacy.
Update: Attn Barmaid/Ethel any other legal beagles. My cost so far estimated at 150k? OOOOps my home is crumbling!
QC estimates 80% pass rate in my favour and we're awaiting any further medical evidence from t'other side before 'strike out' of caveat.
If the medical evidence is 'bought' (not impossible by caveators....to gift J.Bond cars) in their favour, will the medics in question be cross-examined in Crown C by the wigged fraternity?
QC estimates 80% pass rate in my favour and we're awaiting any further medical evidence from t'other side before 'strike out' of caveat.
If the medical evidence is 'bought' (not impossible by caveators....to gift J.Bond cars) in their favour, will the medics in question be cross-examined in Crown C by the wigged fraternity?
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