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Hi,
I am asking these questions regarding a contentious probate claim. i am in a situation where there is little alternative but to go to court. not having the £30-£100,000 ball park figure to fight the case with a barrister on my side i am having to conduct the claim myself.
this would be an N2 form as well as the relevant forms to be served on the defendant.
its a case in solemn rather than common due to contention.
the case involves fraud, forgery and lack of testamentary capacity indeed the testator suffered from atypical Alzheimer's and was delusional. it cant really be claimed as lucid interval either as the will demonstrates paranoia which can be proven to be false.
so upon intestacy i would be the sole beneficiary. i.e. im am challenging the will and require the executrix/s to prove due execution of the will.
the purported will is questionable to say the least. it is the signature of the witnesses that appear to have been forged.
as it is a fraud/forgery claim as i comprehend it, it would not be suitable for a subpoena or citation, but i do need the apparent executrix to bring in the will so i will be using practice direction 57.
i am having difficulty in making sure that i fill in the particulars of claim correctly as i don't wish to fall into the trap of basically writing a witness statement when it needs to be a particulars of claim. ie i have to keep it concise.
naturally i am aware that you do not know the full details of the case all cases are case specific.
i have investigated the case thoroughly as possible and i can show many areas where the individual concerned has conflicted their own words.
i have evidence from the Court of Protection as i was in the process of challenging an EPA when the testator died so the COP lost jurisdiction.
what i am looking for is advice and even better still a draft of a particulars of claim in a contentious probate matter so as to use it as a template.but i assume in essence they are similar in terms of setting out the facts as a normal particulars of claim.
the problem is that i have ALOT of documents/evidence. i went to the police but was rebuffed and told CIVIL SIR.....i have sought legal advice but due to the purported value of under £5000 makes it less likely that solicitors will take on the case. however this estimate is false and i can show/indicate it to be so.
i have a handwriting report written by a document examiner which states that the executrix is the author of the first witness's signature.
i have gained further writing and in my opinion it would go even further in conclusively proving the case.
kind regards Judge Justice
I am asking these questions regarding a contentious probate claim. i am in a situation where there is little alternative but to go to court. not having the £30-£100,000 ball park figure to fight the case with a barrister on my side i am having to conduct the claim myself.
this would be an N2 form as well as the relevant forms to be served on the defendant.
its a case in solemn rather than common due to contention.
the case involves fraud, forgery and lack of testamentary capacity indeed the testator suffered from atypical Alzheimer's and was delusional. it cant really be claimed as lucid interval either as the will demonstrates paranoia which can be proven to be false.
so upon intestacy i would be the sole beneficiary. i.e. im am challenging the will and require the executrix/s to prove due execution of the will.
the purported will is questionable to say the least. it is the signature of the witnesses that appear to have been forged.
as it is a fraud/forgery claim as i comprehend it, it would not be suitable for a subpoena or citation, but i do need the apparent executrix to bring in the will so i will be using practice direction 57.
i am having difficulty in making sure that i fill in the particulars of claim correctly as i don't wish to fall into the trap of basically writing a witness statement when it needs to be a particulars of claim. ie i have to keep it concise.
naturally i am aware that you do not know the full details of the case all cases are case specific.
i have investigated the case thoroughly as possible and i can show many areas where the individual concerned has conflicted their own words.
i have evidence from the Court of Protection as i was in the process of challenging an EPA when the testator died so the COP lost jurisdiction.
what i am looking for is advice and even better still a draft of a particulars of claim in a contentious probate matter so as to use it as a template.but i assume in essence they are similar in terms of setting out the facts as a normal particulars of claim.
the problem is that i have ALOT of documents/evidence. i went to the police but was rebuffed and told CIVIL SIR.....i have sought legal advice but due to the purported value of under £5000 makes it less likely that solicitors will take on the case. however this estimate is false and i can show/indicate it to be so.
i have a handwriting report written by a document examiner which states that the executrix is the author of the first witness's signature.
i have gained further writing and in my opinion it would go even further in conclusively proving the case.
kind regards Judge Justice
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