Removing a probate caveat after warning/appearance stage

[Ziva]

Hi, my father-in-law made a new will shortly before he died which
effectively cut my husband out of the will leaving everything to his
sister.

My husband issued a Caveat and then his sister's husband (who is the
sole executor) issued a Warning so we had to quickly issue an
Appearance.

All this was done without either side using a Solicitor.

They then consulted a Solicitor and an offer was put forward by
Solicitors letter which we have accepted, yet in their acceptance
letter they say "please remove the caveat as soon as possible and let
us have proof that this has been removed in order that the estate can
be administered"

However, upon telephoning the District Probate Registry, they advise
that because it has got to the Warning/Appearance stage the Caveat can
only now be removed by order of the District Registrar and they said to
go to the Law Library and obtain Form 201 which both the Caveator and
Warning Party should sign and also Order Form 184 for the Registrar to
sign.

However, neither I nor the Citizens Advice Bureau know of a Law Library
in our area and neither of us can find these forms online!

Is this the correct route to go? and if so, does anyone know where/how
I can obtain these forms please?!

And also, is an open (not without prejudice or anything) letter
sufficient to protect us legally?

Sorry for the long explanation!

Many thanks
Ziva

[Peter Crosland]

Post by Ziva
Hi, my father-in-law made a new will shortly before he died which
effectively cut my husband out of the will leaving everything to his
sister.
My husband issued a Caveat and then his sister's husband (who is the
sole executor) issued a Warning so we had to quickly issue an
Appearance.
All this was done without either side using a Solicitor.
They then consulted a Solicitor and an offer was put forward by
Solicitors letter which we have accepted, yet in their acceptance
letter they say "please remove the caveat as soon as possible and let
us have proof that this has been removed in order that the estate can
be administered"
However, upon telephoning the District Probate Registry, they advise
that because it has got to the Warning/Appearance stage the Caveat can
only now be removed by order of the District Registrar and they said to
go to the Law Library and obtain Form 201 which both the Caveator and
Warning Party should sign and also Order Form 184 for the Registrar to
sign.
However, neither I nor the Citizens Advice Bureau know of a Law Library
in our area and neither of us can find these forms online!
Is this the correct route to go? and if so, does anyone know where/how
I can obtain these forms please?!
And also, is an open (not without prejudice or anything) letter
sufficient to protect us legally?

Form 201 is here but I am not sure if it is the one you need.

http://www.officialsolicitor.gov.uk/docs/form_201_0407.pdf


Peter Crosland

[Ste]

Post by Peter Crosland

Post by Ziva
Hi, my father-in-law made a new will shortly before he died which
effectively cut my husband out of the will leaving everything to his
sister.
My husband issued a Caveat and then his sister's husband (who is the
sole executor) issued a Warning so we had to quickly issue an
Appearance.
All this was done without either side using a Solicitor.
They then consulted a Solicitor and an offer was put forward by
Solicitors letter which we have accepted, yet in their acceptance
letter they say "please remove the caveat as soon as possible and let
us have proof that this has been removed in order that the estate can
be administered"
However, upon telephoning the District Probate Registry, they advise
that because it has got to the Warning/Appearance stage the Caveat can
only now be removed by order of the District Registrar and they said to
go to the Law Library and obtain Form 201 which both the Caveator and
Warning Party should sign and also Order Form 184 for the Registrar to
sign.
However, neither I nor the Citizens Advice Bureau know of a Law Library
in our area and neither of us can find these forms online!
Is this the correct route to go? and if so, does anyone know where/how
I can obtain these forms please?!
And also, is an open (not without prejudice or anything) letter
sufficient to protect us legally?

Form 201 is here but I am not sure if it is the one you need.
http://www.officialsolicitor.gov.uk/docs/form_201_0407.pdf

I presume the forms to which OP refers are not for court use.

Form 201 is plausibly a form which deals with settlement, but the only
reference I could find to Form 184 in the context of HM Courts is
"Claim form for entry of satisfaction on a registered Bill of Sale" or
"I want a divorce - what do I do?". So unless the OP's husband has has
suffered a further deterioration in relations with the family, then I
suspect these are not the correct forms.

[Ziva]

Hi, many thanks Peter.

I had seen that, although I don't think that's the one they mean as
that form seems to be claiming money already paid into court which
isn't the case here. Plus Order form 184 (a blank Court Order)
apparently should accompany it.

For us, proceedings haven't actually been issued, but it's gone just
that bit too far for us to just cancel the caveat unfortunately.

The Probate Registry said I'd find it in the "30th Edition" at the Law
Library. Does that make any more sense?

Ziva

Post by Peter Crosland
Form 201 is here but I am not sure if it is the one you need.
http://www.officialsolicitor.gov.uk/docs/form_201_0407.pdf
Peter Crosland

[Peter Parry]

On Wed, 17 Jun 2009 09:25:06 +0100, Ziva

Post by Ziva
The Probate Registry said I'd find it in the "30th Edition" at the Law
Library. Does that make any more sense?

Tristram and Coote's Probate Practice 30th Edition with 2nd Supplement
Chief Master Winegarton, Roland D'Costa and Terry Synak
ISBN 9781405735100.

You really don't want to buy a copy though as it is about £480. Your
local library may be able to get a reference or loan copy for you.

[Ziva]

Post by Peter Parry
Tristram and Coote's Probate Practice 30th Edition with 2nd Supplement
Chief Master Winegarton, Roland D'Costa and Terry Synak
ISBN 9781405735100.
You really don't want to buy a copy though as it is about £480. Your
local library may be able to get a reference or loan copy for you.

Many thanks Peter. Unfortunately, I'm living remotely at the moment(!)
so no chance to go to a library any time soon.

I take there is no online version?

Many thanks
Ziva

[Peter Parry]

On Wed, 17 Jun 2009 21:25:08 +0100, Ziva

Post by Ziva
I take there is no online version?

At £500 a copy I doubt it!

[Ziva]

Ok, so now I think I'm getting there! :)

Have just spoken to the Principal Probate Registry in London and
they've never heard of Form 201 or Order 184 either!!

He thinks she must have been referring to a Probate Practice Book 30th
Edition and having done a search, I'm thinking probably Tristram and
Coote's?

Anyone got a copy of that??!! LOL

Many thanks
Ziva