Court error

[Execben]

Hi

I am new to this forum, I am sure I will asking more questions throughout the weeks - going through contentious probate case (as defendant, beneficiary and executer) in UK.. 12 months later + and still no letter of claim from disgruntled relatives!

Caveat has been renewed numerous times from the other side.

4 weeks ago we ago applied for a warning from the court, they sealed this and sent back to us to serve.

We held off serving because we wanted to give the other side another chance to stop the caveat by sending a full and frank disclosure (basically our case if this was going to court)

The caveat was extended last week again but this week after I mailed the court to find out if this had been extended, they stated "permanent caveat on the estate"

I cannot understand how it is permanent - we haven't yet served the warning triggering the appearance?

Does anybody have experience of an error or know if a caveat can been made permanent without any warning being served + appearance?

I do have a solicitor but costs are now over 7K - so I am looking at doing the next steps myself.

Thanks

[des8]

If you requested the Court issue a warning, you are required to serve the warning forthwith. It should not be delayed

Non Contentious Probate Rules 1987:
(5) Any person claiming to have an interest in the estate may cause to be issued from the registry in which the caveat index is maintained a warning in Form 4 against the caveat, and the person warning shall state his interest in the estate of the deceased and shall require the caveator to give particulars of any contrary interest in the estate; and the warning or a copy thereof shall be served on the caveator forthwith.

It could well be the court served the warning of its own accord, and an appearance has subsequently been filed
On the other hand it could be an error, so give the registry a ring.

[Execben]

Thanks. We have sent the warning today (so will be served tomorrow) I will contact the court again to confirm.

Hopefully an error in communication from the court to me and not them serving the other side. I wanted the other side to have our case, consider and then see if they would proceed with appearance.

I don't want the caveat permanent without other side having time to consider the case I have presented because the permanent caveat opens up cost liability for me (if it was seen that I issued a warning prematurely)

[Execben]

Continuation - court wouldn't speak to me (after 40 minute hold) because solicitor was named as probate applicant.

Paid the solicitor to call the cost (another hour cost) to find out the court made an error emailing me "permenant caveat". Wasn't permanent (just another 6 month extension) - crazy!