Placing a warning on a caveat.

[Dev'sAd]

An application has been made for Probate, based on the only known-to-have-been-valid Will. The family of the deceased is claiming intestacy, and has placed a caveat on the probate application.

The family has not evidenced their claim of intestacy; it is loosely based on assumptions regarding the destruction of a later, not proven to ever have been valid, Will. At the same time, the family are holding the deceased's documents and refusing to allow sight of these by the Probate-applying party. The documents concerned would almost certainly provide the evidence to determine the correct legal outcome for the deceased's estate.

Q - would placing a 'warning' on the caveat, on the basis of the family withholding these documents, be valid? Could this be a successful way of obliging them to hand over sight of these documents?

Thanks.

[atticus]

The 'warning off' process requires the person placing the caveat to 'put up or shut up', so A: yes, if they want to maintain the caveat.

[Dev'sAd]

Thank you.