Warning to caveator

Birdwatcher123 · 9 April 2018 at 7:27PM

I am trying to complete a form to send a warning to a caveator but I do not know what information I have to state regarding my "interest"

I know I have to state the date of the Will and the name and address of both parties but not sure if I have to say I am the only surviving executor ,sole beneficiary and Son of the testator or whether it really matters if I supply too much information

If no can assist me has anyone tried and could recommend online legal advice services and which ones they found
useful

Many thanks

Tom99 · 10 April 2018 at 1:15AM

Not sure I can see any harm in including all 3 bits of info unless you are trying to keep some of that information from the caveator because it might enhance the claim.

Birdwatcher123 · 10 April 2018 at 5:52AM

Many thanks for your reply Tom99

I have to send completed form to Leeds Probate Registry and then they stamp and date it and then
they return it sealed to me for me to serve on the caveator.

I assume if they see that the form has not been completed correctly they will inform me of that
and I correct any mistakes to resubmit it.

Yorkshireman99 · 10 April 2018 at 6:42AM

Birdwatcher123 wrote: »

Many thanks for your reply Tom99

I have to send completed form to Leeds Probate Registry and then they stamp and date it and then
return it sealed for me to serve on the caveator.

I assume if they see that the form has not been completed correctly they will inform me of that
and I correct any mistakes to resubmit it.

Sorry to state the obvious but why not phone and ask the PR first?

Birdwatcher123 · 10 April 2018 at 7:10AM

What you are saying makes perfect sense but have you ever tried to get through on the phone to any Probate Office and also they are not allowed to give legal advice

Birdwatcher123 · 10 April 2018 at 7:21AM

I did try visiting a University Law Library but had this reply which is a shame as a search on online legal databases such as LexisNexis or Westlaw would have probably answered my question

Thank you for your email. The physical library is open to the public, you just need to bring ID and sign in at the front desk, however, the online legal databases you mention are not available to visitors. Our contracts with these online database providers only allow access to current staff and students.

The law society library in London offer access (including online resources) to all solicitors of England and Wales, they also offer day passes for a fee.

So much for the democratization of knowledge but I have been reading your replies Tom99 and Yorkshireman99 and how helpful you are to others and that you are contributing to that goal especially for those without the funds for Solicitors and the cutbacks to legal aid.

Yorkshireman99 · 10 April 2018 at 9:25AM

Birdwatcher123 wrote: »

What you are saying makes perfect sense but have you ever tried to get through on the phone to any Probate Office and also they are not allowed to give legal advice

Yes I have and you can always try more than one office as they are not all equally busy.You said you were sole beneficiary and executor so I am puzzled that anyone has lodged a cavaeat. Perhaps if you said what the grounds are for the caveat somebody on here might be able to help.

AnotherJoe · 10 April 2018 at 2:33PM

Birdwatcher123 wrote: »

What you are saying makes perfect sense but have you ever tried to get through on the phone to any Probate Office and also they are not allowed to give legal advice

Yes. They answered after a few seconds (Winchester).

AnotherJoe · 10 April 2018 at 2:40PM

Yorkshireman99 wrote: »

Yes I have and you can always try more than one office as they are not all equally busy.You said you were sole beneficiary and executor so I am puzzled that anyone has lodged a cavaeat. Perhaps if you said what the grounds are for the caveat somebody on here might be able to help.

Seems to me more likely if there's only one beneficiary. Maybe all other children or relatives have been left out and might suspect undue influence upon drawing a will for example.

Birdwatcher123 · 10 April 2018 at 4:28PM

Thanks to everyone that replied and helpful suggestions
Excellent idea to try other probate offices which I had not considered
I will be trying to get through to one tomorrow on the phone and will start with Winchester!

Warning to caveator

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