Hello! Advise req'd on will caveat

[Dchrisn]

Hello,
I have raised a Caveat on my mother's will. I expect a Warning to be issued once the executors of the will find out about the caveat. Once the Warning has been raised, who actually serves the warning on me & how? Is it Leeds Probate Registry or the person/ solicitors raising the warning? Will I be advised by the probate registry that a warning has been raised. I am concerned that any warning might get lost in the post or that my sister(an executor of the estate & devious) will claim she has posted it to me but doesn't! If this happens I loose the opportunity to make an Appearance. Any advice greatly appreciated Thank you dchrisn

[des8]

I believe she will have to complete an "affidavit of service" (which the Leeds probate registry will send her)and have it sworn saying when and how the warning had been posted or delivered.
She'd be foolish to swear an affidavit falsely!

Tagging Peridot for confirmation

[Dchrisn]

Hi Des8,
Thank you for your clear & concise response.
Much appreciated
dchrisn

[Peridot]

Hi Dchrisn,
A bit late to the thread, sorry.

To challenge the caveat, you have to send a “warning” to the Leeds District Probate Registry.

There is no fee for the warning. This document will be served on the person who entered the caveat. The person seeking the appearance should serve the warning (no sworn affidavit is required at this point) and in order for their caveat to remain in place, that is when you then enter an “appearance” at the Probate Registry. This is not a physical appearance, but is simply a further document which they will have to send to the probate registry within eight days of receiving your warning.

If you do not make an appearance then an affidavit of service of the Warning would need to be lodged with the Probate Registry and then the caveat will be removed and the Personal Representative will be able to apply for a grant. As Des8 mentioned it would be very foolish to swear an affidavit that the warning was served if in fact it hadn't been.

If the person has lied about serving you with the warning then you will find out by checking whether Probate has been granted. If you know the local Probate Registry to where the person died you could contact them to see if the Probate application has been received an/ord whether the caveat remains in place.

If the caveat has been removed and probate granted you need to obtain some face to face legal advice as soon as possible as time will be of the essence in which to bring a claim if needed or make such other application that is necessary. You can check here to see if probate has been granted already:- https://www.gov.uk/search-will-probate

If, however, an Appearance is entered then the caveat will remain in place until the issues are resolved and the caveat is removed by consent of the parties or by Court Order.

[des8]

To ensure you do not miss the granting of probate you can lodge a standing search.using the form here: https://assets.publishing.service.go...7/pa1s-eng.pdf