Caveat

The Larke v Nugus case was what set a precedent in these cases. The judges sitting on that noted that had the defending solicitor provided all the details prior to the court has was requested by the claimants solicitor then the case would never have gotten to court.

Costs are down to the court should it get that far and that will dependent on the sons instructions to the solicitor acting for him. If it doesnt get to caught then you will have to bear the costs or take him to a small claims court for the money which I suspect would cost more in the long run.

A caveat is only in place for 6 months anyway if I remember rightly

Rob

To challenge the caveat, you have to send a “warning” to the Leeds District Probate Registry. There is a form available for this but in your case your solicitor will do that. There is no fee for the warning. This document will be sent to the person who entered the caveat, and in order for their caveat to remain in place, they will have to 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 8 days of receiving your warning.

If they do not enter an appearance, their caveat will be removed, and you will be able to apply for a grant. If they do enter an appearance, then the caveat will remain in place. The only way for it to then be removed is for both you and your opponent to both consent to its removal. If you cannot reach an agreement, then you will have to start Court proceedings to have it removed.

If you cannot come to an agreement with the person who applied for the caveat, you should seek legal advice as soon as possible. This is where matters become more complicated. The question of costs may arise and there is a possibility that you could become liable to pay not only your own costs but those of the other person as well.