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Court process

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  • Court process

    Could any one tell me how long it takes to be heard in the high court? We've just been informed that my sibling has filed an appearance to our warning of her caveat. How long will it take for our case to be heard and dealt with. Thanks
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  • #2
    Re: Court process

    As an appearance has been lodged, the caveat remains in place unless you both consent to its removal.
    If you can't come to an agreement you might have to initiate court proceedings, and depending on his case it could last years and wipe out a very large portion of the estate.

    Mediation is probably the way to go
    I'll give [MENTION=85500]Peridot[/MENTION] a shout for you


    • #3
      Re: Court process

      Hi again,
      I'd refer you back to my previous post on your other thread. The Court's will always recommend mediation as a preference.
      The Courts have discretion over how the costs of any proceedings are dealt with. It does not always go that the successful party's costs would come from the estate particularly where party's have brought untenable or unreasonable proceedings.
      We don't know all the facts of course so it would be difficult for me to indicate which way this could go. However, if you are unable to engage in some serious negotiation/mediation the estate could become seriously depleted and the time to deal with the estate extended well beyond the foreseeable. Individuals may also have to pay their own costs, which could be significant.
      I am a qualified solicitor and am happy to try and assist informally, where needed.

      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

      If in doubt you should always seek professional face to face legal advice.


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