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A caveat has been entered, many attempts to contact for the reason has been made. I have the Warning form, it is very easy to complete. The caveator is a vexatious person so I am not inclined to pay a Solicitor at this stage when the form is so simple. Thoughts? Also at what stage do you let the caveator know that you will be coming after them for full costs? Many thanks
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I would be wary of entering a warning. without first trying to establish the reason for the caveat and trying to resolve the situation.
it might even be worth waiting the 6 months to see if they fail to renew the caveat.
However if you feel you have no choice, I would suggest you first consult a solicitor specialising in contentious probate.
Not for advice on filing the form but because if the caveator responds with an appearance at this stage the issue of costs becomes material, and you need to know your options. -
Many thanks for your reply. I have tried all methods of communication, repeatedly and nothing. Knowing the personality of the individual concerned I don't believe that waiting the six months will change anything. I am not well myself and would like to get the issue resolved so that it isn't a burden passed on. None of the parties in this are young in body and I am worried about waiting.
I find it frustrating that there is no burden upon the caveator to give reasons either on the form or after. As I understand it, a malicious person could do this for years and decades and still not produce a reason.
If and when they enter an appearance, the option of both parties negotiating and making an agreement without court is still possible and available but at least then I would know what the question or issue is. Is that correct?
I would be wary of entering a warning. without first trying to establish the reason for the caveat and trying to resolve the situation.
it might even be worth waiting the 6 months to see if they fail to renew the caveat.
However if you feel you have no choice, I would suggest you first consult a solicitor specialising in contentious probate.
Not for advice on filing the form but because if the caveator responds with an appearance at this stage the issue of costs becomes material, and you need to know your options.[/QUOTE]
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If an appearance is entered the caveat becomes permanent and costs become a material consideration as it will not be removed unless:- Either party issues a summons seeking an order for its removal. That summons will be heard by the District Probate Registrar.
- Either party commences a probate action in the Courts in relation to the estate.
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