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Thread: Permanent Caveat

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  1. #26
    Peridot's Avatar

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    Default Re: Hearings

    Hi again,
    Bit of misunderstanding along the way with this I think. It wasn't clear from the original post that a hearing had already happened and that the grant had been revoked and the caveat placed already. When did this happen? Have you heard anything further from the other party regarding any claim or requesting info about the Will that you obtained the Grant with?
    I am unsure why a summons would be sent if you are not expected to attend?
    So you have sought legal advice already? What did the solicitor suggest?
    A caveat can be applied with no notice to anyone. If the Grant has already been issued then it would need to be revoked provided the Court believed there were sufficient grounds to warrant the further investigation of the Wills. The application fee is set and is no different whether witness statements are provided or not. There is no additional charge if statements are included. You say you have had to pay the costs. Was there a costs order made at the hearing that the estate should pay? Sorry it is all a bit confused in the post.
    To investigate the validity of the Will further, information needs to be obtained particularly concerning the Will used to obtain the Grant and it's preparation. Has any request been forthcoming? Were you sent a copy of any order made at the hearing?
    Have you seen your solicitor since the hearing and asked their advice?
    Again more questions than answers but we need to understand the situation more fully to be able to point you in the right direction really.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

  2. #27
    magenta's Avatar

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    Default Re: Hearings

    Hi Peridot,
    Sorry for delay been trying to find the papers relating to hearing. I have not seen any order of costs from my solicitor only told that we had to pay ourselves. The only document that was presented to us before the hearing was a N260 Statement of costs from the other side. We did receive a summons to attend hearing, and we were making preparations to attend. However once speaking to our solicitor he advised us not to attend because we would have no bearing on the outcome. The judge recommended that the will file be requested from the solicitors that prepared the will then this should resolve the matter. Question raised and answered, to investigate the validity of the will. Since then they will not finalize their case, just keep sending letters before action stating will not finalize until papers received from us regarding estate. They also want us to get medical reports etc to help them finalize their case. Surely this is not my job to finalize their case?

  3. #28
    magenta's Avatar

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    Default What to do next?

    Hi

    Can someone advise me what I should do next if the other side sent medical evidence down to our solicitor. Which now reveals daming evidence to them, I say this due to the fact they are now stating that they do not have this evidence?

    We have wrote to ask if they have the medical records again, however on two occassions they have refused to comment.

    So do I now send the medical reports back to them recorded delivery highlighting that they have the records as they sent them to us. I think they must now realise that they made a mistake or can someone give me advice on what I should do now?

    This is because anything that proves their case to be incorrect they are now dening having the paper work.

    Thanks in advance

    Magenta

  4. #29
    Kati's Avatar

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    Default Re: Permanent Caveat

    Tagging @Peridot again xx
    @magenta ... I've merged all your previous threads on to this one so all the info is in one place
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

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  5. #30
    Peridot's Avatar

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    Default Re: Permanent Caveat

    Hi Magenta,

    As we have said before the person who placed the caveat can remove it or a Court order must be sought to have it removed. I suspect they are waiting for some sort of indication that you would be willing to negotiate some sort of settlement rather than risking going to Court. You need to take your solicitor's advice. If the chances of you being successful are far greater then failing then it seems to me why not apply for the caveat to be removed?
    If there is any doubt however then maybe an offer of something rather than nothing on the basis they agree to remove the caveat and receive a legacy of some description may be preferable.

    Sorry we can't give you a definite answer here. Your solicitor having seen the bits of evidence they believe they are intending on relying on (medical records, will writer's file etc) should be better placed to advise on the most sensible option for you in this situation.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

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