Example Particulars of Claim Needed

[AndyWraith]

Hi Everyone

I am disputing a Will and I now need to draft my Particulars of Claim, so I am looking for an example template that anyone can provide me.

FYI I have lodged a caveat and obtained all the interested parties records. I have cited the Will not complying with s9 of the Wills Act, along with undue influence, fraud, theft, deception, breach of position of trust as well as other breaches/offences.

As one would expect, the solicitor who executed the Will is now representing the sole Beneficiary and, they will look to throw my claim out for not complying with any particular procedural rule, as they are weak on the legal facts from the evidence I have obtained.

They have recently threatened a Bedoe Order and after researching this, I agreed with them to follow up this threat. However, they remained silent as I suspected they would. They have made many other threats but always do not follow them through.

I have read many of the threads that provide a structure for the Particulars of Claim, but having an example will give me more confidence in creating something that will have some credibility.

Thanks for reading.

Andy

[enquirer]

Re: Example Particulars of Claim Needed

Given what you are alledging, it would be wise to seek professional representation.

[AndyWraith]

Re: Example Particulars of Claim Needed

Thank you. Tried that, money ran out. So I still need to draft my own particulars of claim or let the other party walk away with my inheritance.!

[MissFM]

Re: Example Particulars of Claim Needed

:bump:

[enquirer]

Re: Example Particulars of Claim Needed

Unfortunately, I am not aware of any template suitable for your problem. Contentious probate is a very, very, specialised area.

As you seem to have no option ...

Keep it rational - no ranting or raving. Keep strictly to the point. Aim for a clear, crisp style. Refer to documents (Exhibit 1 and so on), and attach these as appendices at the end. Make sure the claim itself is readable - use paragraphs and clear headings. Provide a clear chronology. If citing any law, make clear reference to it, and explain it's relevance. Ask for costs (be aware that if you lose, costs may be awarded against you).

How old is this dispute? Have you contacted the Probate Office to see what they have to say, and possibly to enter a caveat?

There are a number of no-win, no-fee firms that offer services in this area, but you would need to think very hard about taking that route.