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Validity of wills only heard at High Court?

Validity of wills only heard at High Court?

Postby raydona » Wed Sep 20, 2017 2:59 pm

Hi, A person had entered a caveat so my friend, as yet, not got his probate. The other party is now proposing that he will withdraw the caveat so long as each party bears his costs of the proceedings. My friend has so far spent £24,000 in legal fees. He wants to reject the proposal because he wants his costs met. His solicitor is saying that if the matter goes to the family court, Principal Registry of the Family Division, the judge will look at the fact that my friend has not agreed to the proposal put before him and the judge will refer the matter to the High Court without a hearing where his costs would escalate. Is the solicitor right? The estate is small, around £400,000. All help will be greatly appreciated.
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Re: Validity of wills only heard at High Court?

Postby atticus » Wed Sep 20, 2017 3:21 pm

Yes, of course that is right. It may be that the fact that the offer does not provide for your friend's costs is a good reason not to accept it. Why not put that pressure on the other party by saying so?
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Re: Validity of wills only heard at High Court?

Postby dls » Thu Sep 21, 2017 10:34 am

It is worth considering perhaps that the entry of a caveat can be a trivial actio, but the preparation for responding to it can be very extensive.
At the sme time, the costs will come from the estate, and not be born directly by the executor to be.
Also you need to look at whether the issue of the caveat was in any way justified and whether for example the caveat was dropped after some fact later emerged which justified the withdrawal. A person issuing a caveat without proper justification can be ordered to pay costs. In other words he may be anticipating already having to make a contribution.

Just what is appropriate will depend on several factors and details to which we properly have no access.
A soliitor is engaged. He will advise.
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