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Caveat

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  • Caveat

    I have just renewed a caveat on my late stepfathers will, which, when he was 85, he changed from equal shares to one person. I was told to remove it via a third party, but have not received a warning to date.If I receive it, I would like to enter an appearance, but the evidence I have is only a lifetime spent with him. My family were his close family.
    I have sent a Larke & Nugus letter to the original solicitor.
    I cannot afford representation. He destroyed the original will.
    How far can I go before its going to cost me a lot if money?
    Last edited by Viv Harte; 12th July 2019, 07:47:AM.
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  • #2
    Originally posted by Viv Harte View Post
    I have just renewed a caveat on my late stepfathers will, which was changed form equal shares to one person when he was 85. I was told to remove it via a third party, but have not received a warning to date.If I receive it, I would like to enter an appearance, but the evidence I have is only a lifetime spent with him. My family were his close family.
    I have sent a Larke & Nugus letter to the original solicitor.
    I cannot afford representation. He destroyed the original will.
    How far can I go before its going to cost me a lot if money?
    Please be aware that if you wish to challenge a Will, it can only be done in a "contentious court" and that probate courts are classified as "non contentious" in legal terms. The entire system of probate is grossly out of date, and unfit for purpose. Non contentious courts can be misled with impunity, and do not appear to exist in other countries. There existence here actually assists fraudsters to gain a Grant of Probate without any evidence of deception even being considered by the courts. As a result you would very likely end up with substantial costs being awarded against you for not withdrawing your Caveat in the event that the executor of the estate applies for a probate hearing to have it removed. If you challenge the Will in the High Court the costs would be very substantial, so you would need to have very sound grounds for going that far.

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    • #3
      Its a shame that gross unfairness & underhandedness do not apply in matters of law.

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      • #4
        Originally posted by Viv Harte View Post
        Its a shame that gross unfairness & underhandedness do not apply in matters of law.
        The total lack of regulations concerning the changing of an elderly individuals Will, even in the event that they are extremely unwell and hospitalised, is utterly shameful. The fact that I have been unable to find a single instance of anyone being prosecuted for either misleading or committing perjury in a "non contentious" court is absolutely staggering. The authorities are fully aware of numerous failings in the legal system associated to Wills & Probate, yet nothing has been done to correct the situation.

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