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Will Dispute Solicitors - Probate Caveat - Injunction Lawyers
One of the most fertile areas for lawyers and Solicitors relates to challenging wills or disputing or contesting probate. Legal action for a will dispute can effectively be taken by solicitors immediately after death to protect potential beneficiaries by the issue of a probate caveat and after the issue of a grant of probate by the use of injunctions on an emergency basis. In addition normal court action for a will dispute can be started on notice by the issue of proceedings against executors or administrators if their conduct falls below the requisite standard and in addition an application to the court can be made by a solicitor to remove and replace executors who are inefficient or dishonest.
The word caveat is Latin and is effectively a warning. A caveat in a will dispute is obtained by filing a document at the Probate Registry of the Supreme Court which will result in notice being given to the person who has filed the caveat, if certain actions are being taken by a third party, enabling the person who filed the caveat to take legal action if that person thinks that it may be appropriate. The main intention of a will caveat is to prevent the issue of a grant of probate without notice being given to the person who took out the caveat known as the caveator. The effect of this is in a will dispute is that the caveator receives both notice and extra time in order to instruct a solicitor to start legal action to protect their position in the event of a probate application that they consider to unfair. Once a caveat has become effective it has a limited life and to be effective a caveat on a will must be filed at least a day before the grant of probate is issued.
An injunction is a court order which instructs someone to do something or to refrain from doing something. Failure to abide by the terms of an injunction is a contempt of court punishable by a fine or imprisonment. An injunction is an emergency measure often granted on an ex-party basis meaning that the person against whom an injunction is issued is not present, nor have they been notified of legal proceedings, at the time the application for the injunction is made. In these cases the court will set time aside for a full hearing in order that the absent party can make representations to the court if necessary. Within the context of a will dispute, injunctions are often obtained to prevent executors or administrators from disposing of assets at a perceived undervalue or on a fraudulent basis or to stop the distribution of assets if there appears to be a discrepancy within the will.
If you are concerned that a third parties application for probate may be inappropriate or that assets are being misappropriated or that an executor is inadequate or dishonest we may be able to assist you. Our specialist probate solicitors deal with challenging disputed and contested wills and will take legal action to protect your financial position if necessary. Our probate solicitors offer free advice on legal action to resolve a will dispute with no further obligation. Just complete and send the contact form or email our offices or use the helpline to speak to an expert lawyer.LAWYER HELPLINE: ☎ 1800 455 260
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