Appearance/Summons Threshold

[keepgoing99]

Hi,

I just issued a warning to get rid of a caveat recently and am expecting either an appearance or summons.

I can't find anywhere with research whether when someone is seeking to make a caveat permanent they just need to state a reason or actually give supporting evidence, and how strong that evidence threshold is?

[atticus]

Have you seen this? https://www.gov.uk/stop-probate-appl...te-application

The evidence needs to be strong enough to satisfy a judge.

[keepgoing99]

Yes I took a look it doesn't mention anything about submitting evidence. I'm pretty clear that a caveat requires no evidence and of course if it went to court evidence and reasoning could be supplied by either party but I'm unsure what the rough requirements are for an appearance/summons to make the caveat permanent.

For context I've issued a warning, confident of victory in court when all the evidence is displayed and believe caveat process is being used as a negotiating tactic. I hope evidence has to be provided in response to the warning to make the caveat permanent as I don't believe there is any!

[Pezza54]

Please read the article "Entering an Appearance" at www.sleeblackwell.co.uk
The form to enter an appearance to warning is obtained from the probate registry
It has to completed correctly with good reasons why the caveat should be made permanent and returned within 14 days
If this is carried out by the caveator, the Probate Registry may decide to seal the appearance (making the caveat permanent) and serve it on the person who lodged the warning
Once permanent the caveat can only be removed by consent or court order. If court action is required the loser faces significant legal costs
You stated you believe you have a strong case, so the caveator might decide not to make an appearance facing the prospect of losing in court and having to pay legal costs

[atticus]

from the gov. uk link: "If they enter an appearance and the Registrar agrees with their reasons..."