What do you do when served with a warning on a caveat I have imposed ?

[Magikat123]

My late father left a will, giving primary the largest amount to my other sisters & their spouses.

I am disputing this, and on the second caveat ,I have been advised, that I may be issued with a warning, what do I do ?

It should be noted,that various items have been disposed of, prior to probate,with no recourse to me whatsoever.

Help !

[Openlaw15]

Re: What do you do when served with a warning on a caveat I have imposed ?

My late father left a will, giving primary the largest amount to my other sisters & their spouses.

I am disputing this, and on the second caveat ,I have been advised, that I may be issued with a warning, what do I do ?

It should be noted,that various items have been disposed of, prior to probate,with no recourse to me whatsoever.

Help !

If they issue you with a Warning to your Caveat, you have to put in an 'Appearance' within 8 days of receiving it to the court. So a Warning is just that, informing you they're going to challenge the Caveat. An Appearance (by you) is a reinforcement of the Caveat, you could say. You would do this by writing a summary of why you are using a Caveat to disrupt a Grant of Representation to the appointed executor. I suggest you seek legal advice on this matter. The court could order you to pay the opponent's court costs if your Appearance is entered. You can remove the Caveat at any stage up until the point the Appearance is accepted by the court. However once it (the Appearance) has been entered it becomes more complex to remove. The Appearance will stop the executors from distributing your deceased father's estate for 6 months. See below.

"CAVEAT: STOPPING PROBATEIncorrectly executed wills

A caveat prevents a grant of probate or grant of letters and administration being issued by the probate registry. It is very useful in so far as it enables the caveator time to make inquiries as to whether there are grounds to contest a will. For example it could be used in the following circumstances :-

1. (i) when there is a real concern regarding the validity of a will
2. (ii) an executor refuses to disclose a copy of a will iii) fraud or undue influence in a will maybe suspected
3. (ii) the entitlement of the person applying to the Court maybe in dispute (for example in the case of someone dying intestate without a will).
4. (iv) Concerns that assets maybe disposed contrary to the intentions of the will

How is a Caveat issued?

A caveat is issued by making an application to Leeds probate registry. The application has to be supported by various information, together with a Court fee. We operate a fixed fee service and can issue a caveat within a matter of days. Call here to seek immediate legal help.
What happens after a caveat is issued?

Once a caveat has been issued by the Probate registry, this then prevents a grant of probate or grant of letters of administration being issued by the Court. The person applying for the caveat is known as the caveator.
How long does the caveat remain in place?

The Caveat remains in force from six months from the date it is entered. In the month before it is due to expire, an application to extend it for a further period of six months can be made. A further court fee being required.
I have applied to the probate registry and just received notification that a Caveat has been issued, what can I do?

As no notice has to be given when a caveat is issued, it is often very surprising to Executors or Administrators to find that a caveat has been issued against an estate. Given this if you disagree with the Caveat, something called a Warning maybe served on the Caveator. This provides that an appearance to the caveat, must be entered at the Court within 8 days. The appearance sets out in summary the grounds as to why the caveat has been issued. If no appearance is entered, then an application can then be made to the probate registry for the grant of probate to be issued.

If an appearance has been entered, the caveat will remain in force indefinitely, until matters are finally resolved, this could be by either an application being made to the probate registry for a direction hearing or alternatively formal contested probate proceedings being commenced."

[Viv Harte]

[QUOTE=Magikat123;n81242]My late father left a will, giving primary the largest amount to my other sisters & their spouses.

I am disputing this, and on the second caveat ,I have been advised, that I may be issued with a warning, what do I do ?

It should be noted,that various items have been disposed of, prior to probate,with no recourse to me whatsoever.

Help ![/QUOTE

Just wondered what the outcome of this was. I am in exactly the same position. I have renewed the caveat on my stepfathers will, and I am about to be given a warning. His family took my Mothers bequests to me when she died three years ago, and he changed his will in favour of his own family. They had been together 40 years.

[Amethyst]

I believe they came to a settlement.

[JJW]

VIV

Any update on your case, it would be very helpful.

[twohoots]

VIV

Any update on your case, it would be very helpful.

If you are in the same position then you have to either put in an Appearance or issue a Summons for Directions. Putting a caveat on for just £3 and not having to give any reason for doing so is very easy - now you have to explain why you are doing so and rightly so in my opinion.

[JJW]

Twohoots

Thank you very much.

The executor won’t issue the sealed warning to me.