Appearance being raised against a caveat

[Pacemaker100]

Hi,
I have a caveat in place and expecting a warning or appearance to be raised. Where will this come from and in what form (registered post , email, normal post)
Could this cause the caveat to be removed without my knowledge?
solicitor who drafted will is also the executor and concerned they will raise one and not tell me. I’ve asked them as executor to request information but I’ve not heard back since sent in October.
Thinking of asking them to stand down given their involvement . They will probably call on them as witness if goes to court

i have justified reasons for the caveat

thanks

[Pezza54]

I am a bit confused.
Normally it is the executor that issues the warning against the caveator.
A warning, once officially stamped by Probate, is returned to the executor who then delivers it by post or by hand to the caveator.

[atticus]

Does this handy guide help? https://www.gov.uk/stop-probate-application

[Pacemaker100]

I am a bit confused.
Normally it is the executor that issues the warning against the caveator.
A warning, once officially stamped by Probate, is returned to the executor who then delivers it by post or by hand to the caveator.

ok thanks so it’s solicitor who is the executer that issues an attendance.
so how do they do this? As we have issues with the solicitor I’m concerned they wont send me one if there’s no proof?

[Pacemaker100]

Does this handy guide help? https://www.gov.uk/stop-probate-application

thanks but that just explains how to enter a caveat. I already have this in place. my concern is on how it could be removed .
I know it’s via an ‘attendance’ being sent to me from the executor. But there doesn’t look like there are safeguards if I want to retain it.
lets say it’s arrives when I’m holiday. It has a time limit of two weeks to reply or the executor can apply to have it removed. I would have thought the probate office would not remove it without consent from myself. This doesn’t appear to be the case.

i just checked my emails and I did reply to the original request (not an attendance) from the executer. Just basic information of my case so they can’t really say they were unaware

[atticus]

It explains rather more than that, if you read through the several pages.

[Pacemaker100]

Found this which explains protocol. So I enter appearance direct to the probate office
so do I have to give full facts or just outline details of reason of caveat?


The Executor can take steps to try and have the caveat removed by lodging a "Warning" at the Probate Registry. The Warning is then served on the person who entered the caveat, who then has 14 days to "enter an Appearance" at the Probate Registry should they wish to keep the caveat in place.

[Pezza54]

There are guidance notes "Stop a probate application" on the gov.uk website.
You should request the Appearance form from the Probate Registry and read the notes. The registry will expect good reasons why you consider the will invalid and why you should benefit under an older will or the rules of intestacy.