Warning to Caveator dates altered by solicitor

[Meandviv]

Hi to all,
This is my first visit, but here goes. I am in dispute with an executor regarding a debt from a deceased. I have placed a caveat and have received a warning from the executors solicitor. In the warning the official document states eight days to respond but has been crossed out and changed by hand writing in fourteen days. Basically is this normal practice for the solicitor to alter documents for their advantage?
I must add an appearance was placed within the eight-day period and has been sealed, a copy of which has been sent to the solicitor and executor.
Any advise would be appreciated.
Kind Regards.

[Amethyst]

There was an amendment to the Non-Contentious Probate Rules ( http://www.legislation.gov.uk/uksi/2.../contents/made ) at the end of last year changing the 8 days to 14 days, one assumes the official forms have not yet been updated.

Amendments to the Non-Contentious Probate Rules 1987: caveats


14.—(1) Rule 44 (caveats) is amended as follows.

…….

(5) In paragraphs (6), (10) and (12), for “eight” substitute “14”.

….........

which amends these paras of sec 44 …. from eight to 14

(6) A caveator who has no interest contrary to that of the person warning, but who wishes to show cause against the sealing of a grant to that person, may within eight days of service of the warning upon him (inclusive of the day of such service), or at any time thereafter if no affidavit has been filed under paragraph (12) below, issue and serve a summons for directions.

(10) A caveator having an interest contrary to that of the person warning may within eight days of service of the warning upon him (inclusive of the day of such service) or at any time thereafter if no affidavit has been filed under paragraph (12) below, enter an appearance in the registry in which the caveat index is maintained by filing Form 5 and making an entry in the appropriate book; and he shall serve forthwith on the person warning a copy of Form 5 sealed with the seal of the court.


(12) If no appearance has been entered by the caveator or no summons has been issued by him under paragraph (6) of this rule, the person warning may at any time after eight days of service of the warning upon the caveator (inclusive of the day of such service) file an affidavit in the registry in which the caveat index is maintained as to such service and the caveat shall thereupon cease to have effect provided that there is no pending summons under paragraph (6) of this rule.

7.14 Caveat time limits - If a caveat has been entered and a caveator, who has no interest in the estate of the deceased contrary to that of a person challenging the caveat, wishes to prevent the issue of a grant to that person, he or she has eight days from the service of a warning (issued by the probate registry) on him or her to make an application to the court. Similarly, a caveator, who does have such an interest, has eight days from the service of a warning requiring him or her to specify his or her interest to do so. Failure to act in the eight-day period may result in the caveat ceasing to have effect. The time available to act within the prescribed period can, in practice, be significantly reduced by non-working days. This potentially places the caveator at an unfair disadvantage. Rule 13(4) of the amending instrument therefore extends these periods to fourteen days.

[Meandviv]

Thank you, very much appreciated.