Acknowledgement of Service?

[G7ivp]

A claim has been filed in the High Court of Justice Chancery Division for Rectification of a Will by the inclusion (addition) of some words. If the claim succeeds this would result in beneficiaries to a share of a lapsed gift receiving nothing under intestacy rules. As an alternative the court is also being asked to allow a claim against the Solicitor who drew up the Will in the event that it will not allow the Rectification. Anxious to avoid costs should the beneficiaries simply ignore the claim and wait for the court to make a decision or send in the Acknowledgement of Service and possibly defend the claim?. If ignored will that mean the claim will succeed automatically?

[jaguarsuk]

If ignored will that mean the claim will succeed automatically?

If they fail to respond to the claim and an application for judgement lodged it would be successful.

Given it's in the High Court I wouldn't imagine most people would ignore it.

[G7ivp]

Which part of the claim would be successful: the Rectification or finding the drafter of the Will negligent?

If the Beneficiaries file an Acknowledgement and Defence will that increase costs?

[des8]

I don't think an application to rectify a will succeeds by default if it is not disputed.
The court will examine the circumstances and come to its own conclusion as to the intentions of the testator.

Tagging Peridot who will be more certain on this matter.
As weekend approaches you may not hear from her 'till Monday

[Peridot]

Des8 and Jaguarsuk are correct. You’re in the Court process now and it will be for the Court to decide whether the will should be rectified and or whether the original will drafter was negligent. There is a way to go yet as far as the potential negligence is concerned but a decision about rectification should be made more rapidly.

[G7ivp]

Thanks Peridot. As the beneficiaries don't have any evidence of the decesed's intentions there is no defence to offer. What will happen if they do not acknowledge service?