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Responding to a CPR Part 8.

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  • Responding to a CPR Part 8.

    My family is involved in a will dispute - well my mother started the process to contest the will then has not yet started legal proceedings due to potential costs and attempting to solve via solicitors.

    It is clear my ex aunt and my ex cousin have blatantly lied to the family on a number of occasions. The ex cousin took my gran to get her will changed at the age of 86 and other family members witnessed the cousin pressuring my gran to financially help her. My ex aunt paid for the will change. The ex cousin subsequently lied to other family members that there had been no major change to the will.

    I found out by looking the will up on the government website that the will has been changed to heavily favour this ex cousin and 1 other cousin. It appears that they tried to hide what was actually in the will and tried to present it all as a fait accompli.

    The ex aunt is executor and did not keep people informed re the will. I did not even know I was in the will. She also denied that there was a previous will which she knew about (my other aunty recalls her parents discussing it and dealing with it in front of both of them) - and it appears the ex aunt may have disposed of the previous will as she was the only one with access to my grandma's house when she died. We have evidence of the previous will but not the contents.

    They have lied at best, and fraud at worst (my mother, aunt and ex aunt invested in my gran's property on the understanding they would inherit equally). Proving this though is not so easy as it all happened long ago so no bank records easily accessible.

    My ex aunt has now issued us all with a CPR Part 8 - which appears to be a shut up or put up order. Does anyone have any experience of responding to these?

    I do not wish to issue a will dispute due to the costs but support my other aunt and mother's position if they wish to do so.

    My ex aunt has also not responded to requests to attend mediation.

    Should I just respond to the CPR to highlight the misconduct and request my ex aunt attend mediation?

    I doubt she will get costs from what I have read, if she has not been willing to attend mediation, but is applying for costs against my mother.

    The other aunt she has named in the CPR lives in Europe so god only knows what a minefield that presents....

    Any feedback appreciated if anyone has been through similar.
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  • #2
    Part 8 of the Civil Procedure Rules sets out the procedure for beginning certain types of claim. It also sets out the rules and process for responding to such claims:
    https://www.justice.gov.uk/courts/pr...l/rules/part08
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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