Witness summons and costs put on witness

[JustAThought]

A witness to Will has got concerns and raised them a few times.

They have not answered a letter of questions, because they are fed up, and now they've been threatened with a summons and costs.

Since when and how can a witness be expected to pay costs when/if they are summoned to court?

[atticus]

This may be appropriate if the witness has been uncooperative to the extent that this is necessary.

[Pezza54]

Please read CPR 34 Witnesses and Depositions

The threat of costs is covered under CPR 34.10 (4). If a witness after receiving a summons fails or refuses to attend court then the person may be ordered to pay any costs resulting from their failure to attend

On the other hand, if the witness attends court, he or she may be entitled to claim expenses and compensation (CPR 34.7 (a) and (b))

[JustAThought]

Thank you for this... l did read this, however, the question about having to respond to letters in the first place.

Even the letter says the witness has already said but it then goes on to ask more questions.

I am still not sure about the point of threat of costs for not replying to letters. None of the letters talk about court or attendance. It's just a questionnaire if sorts before any request to court.

[atticus]

Some lawyers have this idea that heavy-handed threats about costs achieve things. My approach was always to keep these in reserve, and certainly not use them as a first resort.

[Pezza54]

A witness to a will has 3 duties:
To confirm the testator is the person signing the will
The testator has the mental capacity to understand what he or she is signing
The testator is not being coerced into signing the will against their wishes.

If the witness has already answered questions relating to these topics then there is no requirement to provide further answers.

The witness should contact the executor in case the executor is unaware of what is happening. The executor may want the advice of a contentious probate solicitor about possible future litigation and the witness answering extensive questions

[JustAThought]

Thank you.
It's the contentious lawyer applying the costs statement

[JustAThought]

"A witness to a will has 3 duties:"
Can you say where l can find out more...

I am not the Executor, beneficiary, witness or had anything to do with the Will or execution. But this Will case, in my lay person's view, has so much being thrown into the mix and it's coming up to 2 years since death and no probate.

My family connections are sadly very much involved as beneficiaries...

[Pezza54]

Please read the article "Who Can Witness a Will UK?" at www.elm-online.co.uk

I was concerned that if the witness provided too much or unnecessary information a defence to any future court claim may be prejudiced

[JustAThought]

The witness in this case told people their concerns as soon as she realised that she'd signed papers not knowing what they were, but concerns were ignored by Executors for a very long time.

Also turns out the contentious probate specialist appeared to have deceived the witness about getting a replying to questions. There's no such law that says a person must reply to a solicitor's letter, is there?!