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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Same subject, we applied n paid ct £480 to get the Covent lift

Resolved Question:

Same subject, we applied n paid ct £480 to get the Covent lift off to get probate , but it been refused as my sister stated that the will was made only 2 wk before she passed n she was not of sound mind, but we she right up till she passed as my sister never saw her mum in her last two yr of her life so one she would not know n two there be no proof, so why can court not over turn as I thought they would ask evidence of this, but we got evidence right today she pasted she mine was fully aware of everything cheating to us So my question is what evidence should she show to to royal ct of justice I think it was, how can it stay on with only her word
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
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I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question .
Thank you!
Nicola
Customer: replied 2 years ago.
Thank you yes happy to wait
Expert:  Nicola-mod replied 2 years ago.
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We will continue to look Professional to assist you.
Thank you patience,
Nicola
Expert:  Clare replied 2 years ago.

Thank you question - I am sorry delay as I did not see it.
Do you have medical evidence relating to your mother's mental capacity at the time the Will was made?
Clare
Customer: replied 2 years ago.
No we can get it one day she spent in hospital before see passed n the solicitor done a test to make sure she was in her right mind
Customer: replied 2 years ago.
As well we can prove it she has no proof and can't get proof she passed with pneumonia which was cause by chemo as killed of white cels so she could not fight the virus
Expert:  Clare replied 2 years ago.

What test did the Solicitor do?
Clare
Customer: replied 2 years ago.
I not sure as I not her my her brother was , but she lived went bingo derived right up to last week before she past, but it our proof , it her proof to why probate court taking money then still saying not lifting it , what I know my uncle left a room with her a solictre n a witness
Expert:  Clare replied 2 years ago.

Who is dealing with the Probate ?
Clare
Customer: replied 2 years ago.
My mum brother n her solicitors it been been going on since last May as they wrote to my sister solo tears they don't reply only time my mum seems to find anything out is when they apply to get it removed it costing us just to be told no so there saying it will be takeing her to court , all costly, but again were her evidence she seems to know what she can do but solictrors don't ?
Customer: replied 2 years ago.
The reason my uncle the executors n trustee is because mum knew my sister was going to fight it in same way, but it says if he passes the the solitons will take over but my uncle getting solicitor to deal with it so he told us , but it him that applied to remove covant her solicitors will not reply
Expert:  Clare replied 2 years ago.

What has happened was that your Aunt was sent a "Warning" that she had to explain what her objection was or the Caveat would be dismissed.
This she did by entering an "Appearance" - simply stating what her claim is.
No evidence is heard at that stage it is just a matter of the Court identifying that there is indeed a matter in respect of which evidence will have to be produced
It is now Executors to issue the court Application to have the claim dismissed - or to make an offer to settle with your aunt if the Solicitor advises that.
You can read more about the process here
http://www.stephensons.co.uk/site/individuals/contesting_wills_probate/caveats_warnings/
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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