wills

[Nick mcc]

The plaintiff lodged her affidavit in her claim against my fathers estate I am the executor. In my answering affidavit I was able to show that she had made false claims, as a result her solicitors gave the high court an undertaking to lodge a further affidavit, which she never did- my lawyer said there was nothing we could do to force her to comply and proceeded to make an application for discovery-continuing the case, I think this was wrong. For the sake of completeness I should say the will had been negligently drawn up and my fathers lawyer had been struck off for another issue, then I discovered that my lawyer had a secret fee sharing arrangement with the struck off solicitor. help

[Pezza54]

Did the plaintiff genuinely believe the facts in her affidavit to be true? If she did she is not guilty of perjury

There is no time limit for the claimant to submit another affidavit. However, it is crucial that the party that has filed a false affidavit acts promptly to rectify the situation and comply with court orders

Are court orders being sent direct to your lawyer?

Are you concerned that your lawyer is incurring additional legal fees before waiting to see if a revised affidavit is submitted?

[atticus]

Have you discussed with your solicitors the reasons for their advice? If you have not, do just that.