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Court fees

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  • Court fees

    message deleted
    Last edited by birdsong123; 4th October 2018, 07:53:AM.
    Tags: None

  • #2
    Issue proceedings to defend a will ?
    In what way ? have you taken advice and been told to issue proceedings ?
    Are you the executor of the will? Has a challenge been made against the will ? or are you challenging a will ?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #3
      message deleted
      Last edited by birdsong123; 4th October 2018, 07:51:AM.

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      • #4
        Have they entered an appearance following a warning that you're applying to the court to have removed ?
        Peridot
        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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        • #5
          message deleted
          Last edited by birdsong123; 4th October 2018, 07:54:AM.

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          • #6
            message deleted
            Last edited by birdsong123; 4th October 2018, 07:51:AM.

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            • #7
              - I feel for you having to deal with it. As far as I know it's a specific application so wouldn't be based on the estate value at all but I've tagged the expert to look in tomorrow for you - there was another thread recently regarding a caveat that had gone to appearance - I'll see if there's anything useful there for you in the meantime xx

              (edit: sorry I can't find it now - found a bit of background for your case though - link below for Peridots reference hang fire for Peridot to look in tmw )

              http://legalbeagles.info/forums/foru...ue-proceedings
              “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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              • #8
                Thanks Amethyst

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                • #9
                  Hi Birdsong123,

                  Apologies not getting to this until now. I've just looked at the other thread that Amethyst flagged. No claim has been brought so you are not defending a claim at this point.

                  Just as a quick round up:- You wish to enable the Will to be proved thus allowing you to deal with the estate. This other person(s) is disputing the will as valid for some unknown reason and they placed a caveat preventing you obtaining the Grant to deal with the estate. A warning was issued and they have made an appearance which has unfortunately not provided any further indication of what they are actually alleging is the issue with the Will. Is that it in a nut shell?

                  You then mention that the reasons they entered were rebutted. Can you explain this a little please. Is this your opinion or the Registrar indicated this?

                  I am assuming that they are continually renewing the caveat and that it hasn't lapsed with them forgetting to renew? Often worth checking. Renewal is every 6 months.


                  Once an appearance has been entered the issue can only be resolved through proceedings in the Chancery Division, or if agreement is reached between the parties before proceedings are issued, (which appears doubtful bearing in mind the stubbornness shown so far). The other option is for the person who placed the caveat to make an application to a district judge of the Principal Registry that the
                  caveat
                  be
                  removed
                  by an order made on summons
                  .

                  This is where I need a little more information from you about the 'rebutted objections' so I can go and check out the options open to you as far as bringing proceedings are concerned.

                  I probably won't be able to look at this tonight but will check in again tomorrow if you've replied and will do a little more digging for you. Hopefully we can point you in the right direction to more things forward.





                  I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

                  Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

                  If in doubt you should always seek professional face to face legal advice.

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                  • #10
                    message deleted
                    Last edited by birdsong123; 4th October 2018, 07:52:AM.

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                    • #11
                      Hi Birdsong,
                      It will be a fixed fee I believe. Have you got a solicitor at the moment or have you been doing this alone so far?
                      Leave it with me with have a root about tomorrow and try point you in the right direction.
                      I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

                      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

                      If in doubt you should always seek professional face to face legal advice.

                      Comment


                      • #12
                        Message deleted
                        Last edited by birdsong123; 4th October 2018, 07:49:AM.

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                        • #13
                          meesage deleted
                          Last edited by birdsong123; 4th October 2018, 07:50:AM.

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                          • #14
                            I have decided to delete my posts on this thread as I feel I had given too much information away that I could be identified by that if the claimants visited this forum they could read and use to their advantage
                            Last edited by birdsong123; 4th October 2018, 08:06:AM.

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