Caveat application accepted then declined by Probate Registry

[Caveator78]

Can anyone direct me to legislation concerning Caveat applications being accepted (payment taken) then weeks later the Caveat withdrawn by the Probate Registry, under what circumstances does the P.R. have cause to do this? Many Thanks in advance.

[Peridot]

This link may help. The caveat can’t be removed unless you remove it or it is challenged and ordered to be removed, which you would have been aware of as they would have requested you make an appearance (set out your reasons for applying for a caveat).
https://www.gov.uk/stop-probate-application

[Caveator78]

Many Thanks Peridot, the link unfortunately does not offer specific guidance on this Q. I am looking for specific Probate/Caveat legislation that empowers the P.R. to legitimately withdraw a caveat entry following its initial acceptance (cashing cheque) then 3 months later citing the following "As you have previously had a caveat in this estate removed following an order it is not possible for you to enter another caveat in this estate. I would appreciate some clarification on their term "an order" as I do not concur that this particular previous caveat was removed by an order as they claim.

[Peridot]

Hi,
Did you ever receive any correspondence regarding an appearance and if so did you respond? If you have not received any notice I would suggest contacting the probate registry to request copies of any correspondence they believe they sent or they had been informed had been sent to you by the PR.
The link I posted above explains the steps and provides info about appearances and warnings. If you have never received the requisite notices or a copy of any order made then you need copies to then seek face to face advice on options available to you.
It would be worth getting advice on the possible claim you believe you have regarding the estate, from a contested probate specialist. Then you can weigh up the options and costs that could be incurred.

[Caveator78]

Thanks for your response Peridot. To clarify. I think a warning to first caveat may have been received, however I understand that another person had also entered a caveat for the same deceased person's estate which was subsequently successfully sealed.... As the probate was effectively halted by that permanent caveat, there would seem little benefit in responding to any warning. It was presupposed that the previous caveat automatically lapsed when not renewed. No correspondence concerning this first caveat was received from either P.R. or the person attempting to apply for grant. So can you advise if the P.R's.claim the previous caveat was removed "by order" as was quoted by the P.R. in above post is a legitimate claim and based on any current legislation.

[Peridot]

So you received a notice to appear but didn’t respond. If that is the case then the caveat would have been removed.
if there is a potential claim and a grant has been issued there are strict time limits for bringing any claim.
I would recommend you speak to a contested probate specialist the assess any potential claim. You may find a free or reduced fee initial appointment.

[Caveator78]

Thank you again Peridot I'm still unclear, would the first caveat have been removed "by order" or simply "removed"?

[Caveator78]

Peridot Discovered a Grant did issue recently. I believe this 2nd caveat entry was accepted back in August. The undated/unsigned correspondence from the P.R. was received 9 days ago.

[Peridot]

It would have been removed by order as no appearance was made. The courts will not prevent probate being obtained if there is no reason to. Without making an appearance and explaining why the caveat needed to remain or bringing any claim you believe you have they won’t let a caveat remain.
As I say the time limits for bringing a claim are strict so you need to establish whether there is a claim to answer by getting some legal advice face to face. Otherwise any potential claim could be prevented through delay in bringing the claim.