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  1. #1
    magenta's Avatar

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    Default Hearings

    Hi All,

    Hoping someone can advise, when you had been called to a probate hearing (to place a permentant caveat on) can I ask are you entittled or should you be presented with the documents that the claiment replies upon to be shown to you before being called to court. Or do you just find out on the day what they are to produce is that the norm. As we never see any documents before the hearing, so I thought I should ask.


    Magenta

  2. #2
    Peridot's Avatar

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    Default Re: Hearings

    Hi Magenta,
    Is this as a result of you (or the executor) having placed a warning so the person who placed the caveat has been ordered to make an appearance?
    An appearance does not have to be in person but will require them to indicate the need for the caveat? If so then a hearing where both parties attend is not necessarily what is required. Sorry if I've got the wrong end of the stick but a little more information would be helpful.
    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.

  3. #3
    magenta's Avatar

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    Default Re: Hearings

    Hi Peridot,


    Sorry for the delay in getting back in touch.


    We had obtained Grant of Probate and then received a summons to go to court by the claiment to get the grant revoked and a permanent caveat placed on.

    The claiment issued an affidavit to the court (different from the original caveat) and witness statements. So my question is should we have seen the affidavit and statements prior to the court hearing.

    Magenta

  4. #4
    Peridot's Avatar

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    Default Re: Hearings

    HI,
    You shouldn't take any actions with regard to the estate at this time until the hearing has been decided. Do you have no idea why the person has made the application? Was there no indication previously and has the person been in touch before? I assume that this is a relative who has applied? A little more information may be helpful, such as is there a valid Will, were you (and any other person) appointed executors or are you administrators (ie where there is no Will).
    I would contact the Court that you received the summons from and explain that you have not seen the witness statement and request copies. Once you have them it may be necessary to see a contentious probate specialist. Usually this is a lawyer in a firm's litigation department, but some probate/private client departments in firms, have specialists in that department, so you may need to call around.
    I have not had this happen before, usually once Probate has been granted if a person has a claim against the estate then the claim is made, not an application to revoke the Grant and prevent another being granted. I think a few more details would assist in working out what the issue is. Do they believe there is a another later Will for example?
    Sorry more questions than answers but start by contacting the Court and it may explain more why this application has been made.
    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.

  5. #5
    magenta's Avatar

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    Default Re: Hearings

    Hi
    Hearing has been and gone, we were told as executors by our solicitor we do not attend as we would have no bearing on outcome. (rather strange as we pick up the bill?).
    The bit I do not understand is we were summonds to court but we had no prior knowledge or understanding of what was going to be presented to the court. Six months after the hearing we were sent a copy of the affidavit stating they were beneficiaries of a previous will?
    This was sent with witness statements covering a range of things again we never got copies of these BUT as we were charged for the statements I have to presume that they were presented to the Judge? As I believe you only get charged for the hearing concerned and the witness statements were covered in the costs.

    So my question is should we have been presented with the documentation that they were going to present before the Judge before the hearing took place.
    Which now resulted in a permanent caveat being place on.
    Magenta

  6. #6
    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.

  7. #7
    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?

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