Put up order

[Execben]

Hi

For the last 14 months approx, I have been 'defending' a will. I use quote marks 'xx' because i do not actually have a letter of claim so defending something!?

- Basically the other side put a Caveat in place.
- We provided all authorities in-order for them to obtain evidence e.g deceased's' bank statements, GP records, Larke Vs Nugus etc - this so they could rule out any wrongdoing + capacity.
- Waited for a long time for any update because of Covid..things would take longer.
- Chased for a letter of claim a few times + copies of any data they had received.
..spent a few £000!!
- Sent my case (massive document + alot of evidence) to defend the main aspects of anybody contesting a will - I did this because I do not have a claim.
- Issued warning
- They made an appearance (2 months ago)
- We have asked for this letter of claim again
..To date = £10,000 + spent.

I still have not letter of claim..let alone any evidence to back this up from the other side.

I am looking at issuing a 'put-up shut-up' order (they have x amount of days to make a letter of claim or this Caveat is removed)

Has anybody been in a similar situation - specifically used the 'Put-up Shut-up' move? I have been told to expect costs = £1,500- £2,500 for this!

If not the put-up shut-up - has anybody tried any other tact?

Thanks

[Golden]

Hello Execben,

I was interested in finding out how your dispute went on. In your last post (a while ago now), you were considering a "put up or shut up" order. In the end, did you go ahead with that?

I'm in a dispute (permanent caveat) and I'm wondering if a "put up or shut up" order could be my next move or if it is only used for situations where the caveator has not provided a letter of claim/evidence, which is not the case in my dispute. My main issue is that the caveator is unreasonable and will not compromise and is happy to sit tight until they get what they want, but won't issue proceedings. Perhaps you or someone else on the forum may know under what circumstances a "put up or shut up" order is a suitable option.

Thanks.