Caveat

[tina88]

I know a caveat appearance to a warning has a timescale if 8 days but does that include the day it was sent and the day it was returned. We issued a warning on the 12th and the appearance was dated the 21st. Thanks

[factor-fiction]

Is this related to a will?

[tina88]

Hi.
Yes it is.

[tina88]

Not sure how true this is but because im executor to the will i don't have to pay the solicitors money upfront as they can take it from the estate? Also as the will was dealt with by a will writing company i can refer it to themfor them to prove the will is valid? Could anyone advise if this is true. Many thanks

[Barmaid]

It will not include the day it was sent, service is deemed to take effect within certain timescales, depending on how you served it. Also a warning delivered after 4pm on a working day is deemed to have been served the next day. One delivered after 12pm on a Saturday is deemed to have been received the following Monday.

The solicitors will probably allow your fees to be taken from the estate at the end of the case. However, depending on what type of case it is, they may ask you for funds on account.

No you cannot refer it to the Will Writing company.

This is complicated you must take professional legal advice.

[woofgang]

To add to Barmaid's professional answer, I have been in circumstances where fees would not have been allowed allowed to be taken from the estate to cover the cost of the court case. This was because, if the case had gone against the executors and they were allowed to draw fees from the estate then there would have been nothing for the "other side" to receive. Of course if the executors (who were also the beneficiaries) had won, then there would have been no problem.

[tina88]

Thanks for the replies. I am alsi sole beneficiary. But I'm finding it difficult to proceed with this due to legal costs. I have already paid out £5k for a few letters and half a dozen witness statements all in my favour. The other side threatened court action 4 month ago after refusing an offer to settle, but since then i have heard nothing.

[tamborine]

The Will in your favour is being contested, both sides pay their own costs. The loser refunds all costs to winner. No win no fee solicitors might help; their costs would be met from the loser.

[tina88]

Im finding it hard to fund so think i will have to let it gather dust on the solicitors desk :(