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Cobden-Ramsay order ("put up or shut up")

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  • Cobden-Ramsay order ("put up or shut up")

    Hello, I have been involved in a dispute, defending the validity of a Will (for the past 4 years). So far, there has been a caveat, letter of claim, letter of response, lots of correspondence between the parties, and recently a warning and appearance (therefore making the caveat permanent).

    Unfortunately, the caveator is ignoring my requests to try and negotiate a settlement. It's unfair as this person started the dispute and he has cost me a lot of money.

    What are my options at this stage if the caveator won't negotiate with me? I'm wondering if a "put up or shut up" order could be my next move or perhaps a suggestion to involve a mediator if we cannot come to an agreement ourselves (although I know this is costly). We have tried negotiating (pre-warning) but he is unreasonable/will not compromise and is happy to sit tight until he gets what he wants, but won't issue proceedings.

    Has anyone else been in this situation or are there any legal professionals that could offer any suggestions as to my next move?

    I'd really appreciate any comments / thoughts. Thank you.
    Tags: None

  • #2
    Hello, I am reposting this in case it brings some responses this time. Many thanks.

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    • #3
      Hello all,

      After further research online, it looks like a "put up or shut up" (Cobden-Ramsay order) is used for probate challenges post-grant.

      As my situation is pre-grant (permanent caveat), I read that there still remains the option to use rule 44(13) and summons (the person who’s entered the caveat to attend before the district probate registrar or the district judge, essentially to show cause as to why the caveat should remain in force).

      I also read that the registrar or district judge can make what is in effect an unless order to give the caveator a period of time in which they have to issue a probate claim, failing which the caveat will be vacated.

      Does anyone know any more information on this and/or have any experience in this area?

      TIA.

      Comment


      • #4
        echat11 can you help on this one? Sorry I have no experience in this area

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        • #5
          Originally posted by islandgirl View Post
          echat11 can you help on this one? Sorry I have no experience in this area
          I think des8 or atticus may have knowledge / experience in this area.

          Comment


          • #6
            Sorry, but whilst I have read about such situations, I haven't yet been through the trauma (altho' I might sooner or later) and so feel it would be unwise to comment except to say specialist professional advice should be sought prior to mounting contentious probate proceedings

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            • #7
              Thanks DES8. i would definitely get specialist professional advice before considering this. I was just curious if anyone had dealt with it before.

              Comment


              • #8
                Originally posted by Golden View Post
                Thanks DES8. i would definitely get specialist professional advice before considering this. I was just curious if anyone had dealt with it before.
                A starting point maybe looking at case law, no doubt there are some.

                https://www.bailii.org/

                Comment

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