How to remove a caveat

Birdwatcher123

Came across MSE Forum via a google search and joined in the hope that someone is able to help me which would be very appreciated

It seems really easy and cheap to enter a caveat ( form and info easily available) and can see their
use if appropriate but also a quick way to cause just pure annoyance

I have come across many references online that is it possible to lodge a warning at Leeds Probate Registry to try to have it removed
However a form is not available online or any details on how to proceed ie if one can find the right form to download a form and how to complete it, when you send it to Leeds do they then serve it on the caveator or do they send it back to you sealed and then you have to pay to have it served on the caveator

I have tried Probate Helpline and registry offices and they do not have any infromation to give about this problem.It almost seems like it has been set up like this to force people to use solicitors

I have seen this question asked to several legal companies online but only accept members who work in a legal capacity to provide an answer

Many thanks

FreeBear

Birdwatcher123 wrote: »

I have come across many references online that is it possible to lodge a warning at Leeds Probate Registry to try to have it removed
However a form is not available online or any details on how to proceed ie if one can find the right form to download a form and how to complete it, when you send it to Leeds do they then serve it on the caveator or do they send it back to you sealed and then you have to pay to have it served on the caveator

Please have a look at this - http://www.legislation.gov.uk/uksi/1987/2024/pdfs/uksi_19872024_en.pdf

There are some forms at the end of the document that can be used to issue a warning. As to the exact details of the process, I would imagine the doc should provide details. There is also probably a fee to pay when issuing the warning and I'm a little surprised that the Probate Registry wasn't able to give any guidance.

Birdwatcher123

Thanks Free bear for you help and have found the required form "Form 4" but still unsure as to the process
I have emailed Leeds Probate Registry today

Dear Sir/Madam

Can you send me or tell me where I can obtain the relevant form to return to you
to send a warning to caveator and whether you then serve it on the caveator or do you
send it back to me sealed for me to serve on the caveator

There is little or no information online about this or by telephoning the
Probate Helpline who suggested contacting you directly

It seems quit easy and cheap to get a form from HMCTS to enter a caveat
and although I understand there use if used appropriately but clearly open to
being abused if they are used just to cause annoyance

Many thanks for your help with this matter

They did reply with an attached oft. file which seems impossible to open without having Microsoft Word and Outlook.Therefore not sure what is in the attachment.
Why are they not using a simple file attachment that can be opened easily
I'm sure I will get there in the end but don't understand why it should be so complicated

FreeBear

I *think* a .oft file is just a template so that HMCTS have a consistent look & feel for every email & document they send out. You could try using an online file converter (search for "oft to pdf converter") or ask HMCTS to resend as a pdf.