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Summons For Discontinuance of Caveat By Consent

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  • Summons For Discontinuance of Caveat By Consent

    Good morning,

    I'm executor of an estate which has had a caveat placed for almost 11 months.
    Warning & appearance have both been lodged making the caveat permanent.
    The caveator has finally spoken to us & agreed that the will is valid & has consented to have the caveat removed.
    The caveator was under the impression he could simply inform probate to remove it - which we know isn't the case once an Appearance is served.
    The caveator is quite likely to make a financial claim on the estate once probate is granted, as this was the reason they gave to us for placing the caveat.
    I believe I'll need to issue a summons to the Probate Court in order to begin this process?
    If correct, is the summons form available to me/online, or is this something I'd only be able to instruct a solicitor to do for me?
    I'm also unsure of the costs of this,is anyone has any clue please?
    Prior to the caveator agreeing to speak with us, we had sought legal advice & were planning to issue a put up or shut up order, which I believe would have cost circa £500/£600 in court fees, and up to about £5k in legal representation costs (initially at least), and we would have also applied for costs, if successful.

    I'm not sure if the same court process is needed to have the caveat discontinued by consent though, or if it's simply a matter of sending summons forms with any affidavits?
    If there are any hefty costs involved, would these be recoverable from the caveator?

    Any advice would be appreciated, thank you.
    Tags: None

  • #2
    Please google "anthonygold.co.uk defending your caveat at the probate registry with an appearance and read the article.
    After an appearance the caveat can be removed if the caveator and the estate's representatives consent to this.
    Both the caveator and yourself as executor of the estate should write to the probate registry consenting to removal of the caveat.
    The article doesn't mention costs.
    Significant legal fees will arise if the caveator challenges the will

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    • #3
      When I was in a similar position we issued a Warning to the caveator via a solicitor. He had placed 2 caveats on. The caveator would never communicate with us. I never heard a word from Probate Office or solicitor but completely out of the blue and about 7 months after we issued the Warning I received an email from Probate Registry saying that the application had been approved. I was in total shock. I had rung up once to ask how things were going and was told the caveator had to present his evidence to the Registrar who would then reach a decision.

      So either he did so and the judge recognised it for the lies and rubbish it was and decided in our favour or he didnít bother at all.
      Last edited by twohoots; 25th August 2023, 21:09:PM.

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