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Probate Caveats and Warnings query

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  • Probate Caveats and Warnings query

    Hi,

    We are looking to issue a warning against a Caveat. the Solicitor isnt being absolutley clear with regards to if the caveator does not issue a appearance against the warning if they can then at a later date just raise another caveat.

    Or if they do not "defend" the initial caveat with an appearance they then no longer have a right to issue a 2nd caveat at a later date?
    Tags: None

  • #2
    If the caveat is successfully warned off, get your application for probate in as quickly as you can.
    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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    • #3
      atticus we will do so, however if another caveat is placed once we have submitted probate, even if its been submitted for a week and couple of months, as i understand it, that caveat will again stop the grant of probate process even though it has started, please advise if i am not correct in that.

      Also have you any experience or knowledge if the person who was issued a warning and chooses to not make an appearance still has the ability to place a second caveat on the grant of probate at a later date?

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