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How to force claimants to issue proceedings

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  • How to force claimants to issue proceedings

    I have been defending a will for over a year and have provided substantive evidence to the claimants/solicitors to
    prove the will is valid beyond any reasonable doubt especially what they contested when they entered an
    appearance to my warning which I entered after they ignored my letters for four months

    However the claimants/solicitors refuse to remove their caveat and have again not responded to my letters for
    over three months

    I understand that I may have some options available but do not have sufficient knowledge in how to proceed


    1. I understand I can issue a summons for a court order requiring the claimants to either remove their caveat or
    they have to issue a probate claim within a certain time period
    or

    2. Apply to the Principal Registry for a “put up or shut up order” again forcing the claimants to either issue proceedings
    or remove their caveat


    I would kindly appreciate any information how to proceed with the above options and
    what forms are required and fees I may have to pay


    Also as I am the sole executor and beneficiary should I apply as the executor only



    Tags: None

  • #2
    As a follow up to my question I think what I was looking for is called an "Unless Order" CPR 3.4 | Power to strike out a statement of case

    (2) The court may strike out a statement of case if it appears to the court –
    (a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;
    (b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or
    (c) that there has been a failure to comply with a rule, practice direction or court order.


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