How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask F E Smith Your Own Question
F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9325
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

Uk probate law

Resolved Question:

uk probate law
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.

Can you please explain your situation in more detail please? What is it that you want to know about it?

Customer: replied 10 months ago.
I am new to this service. I have already submitted a lengthy question but perhaps it has not been received?I will repeat the question if necessary but that will take time because stupidly i did not keep a copy.
Customer: replied 10 months ago.
I'm involved in a probate dispute. I have entered a caveat and i have been trying to obtain certain letters and documents but my estranged sister who is claiming to be the sole beneficiary and executrix of my late mother's estate. My Caveat was entered into the Principal Probate Registry, High Holborn. My questions: To obtain a subpoena to forrce the disclosure of letters, documents and health records do i use form N244? w
Customer: replied 10 months ago.
What should i put on the form? What would my Claim Number be? My Caveat number? What would be the fee and where should i send the the completed form? Regards, Robert
Expert:  F E Smith replied 10 months ago.

Thank you.

We had not seen that question.

I will deal with it now for you.

What you need to make is an application for Pre-Action Disclosure.

You need to tell the respondent defendant that if they do not disclose these documents to you you will make an application to court for pre-action disclosure and you will ask the court to award costs against them.

Your claim number is ***** blank. That would be added by the court.

You are making an application for the Defendant to disclose the list of documents that you’ve listed to you.

You will also need to rely on a witness statement which you would be required to draft explaining exactly what the circumstances are and why you should get the order.

The fee is £255.

Send it to your local County Court. They will decide whether they want it passed to the probate registry.

I could assist you in laying out the witness statement and completing the form but that would be an extra service. I will submit a proposal for you.

Can I clarify anything for you?

Please rate the service positive. It doesn’t cost you anything but helps me greatly.

We can still exchange emails. Best wishes. FES.

Customer: replied 10 months ago.
I have entered a caveat and i have been trying to obtain certain letters and documents but my estranged sister who is claiming to be the sole beneficiary and executrix of my late mother's estate is refusing to provide me with anything. i have already acquired the will by way of subpoena but i now want to produce a subpoena myself to acquire the documents and health records i need.
Customer: replied 10 months ago.
I must go out. Will get back to you when i return. Thanks.
Expert:  F E Smith replied 10 months ago.

No problem. I will be online later.

Customer: replied 10 months ago.
Hi Again,Is it possible to talk via Whats App? Or phone? i have no objections in you helping me with the Pre-Action Disclosure Application and paying you for your help. However, it seems to me that i am going to need to make a great number of Application to individuals, hospitals, Care Services, etc, to acquire all the information i need. I guess that would require a separate application for each?I
Customer: replied 10 months ago.
I am in Malaga, Spain by the way. Are our correspondence 100% confidential?
Customer: replied 10 months ago.
a witness statement? Would that be a statement from me?
Expert:  F E Smith replied 10 months ago.

It would make sense to have it all done as one but as there are going to be multiple potential defendants, it’s likely that the court would want an application for each defendant/respondent.

Our exchanges on this website are publicly viewable but any exchanges we make after telephone calls and the telephone calls, are private.

At the moment, there is nothing on this thread that could identify you. I don’t know you are.

If you want to speak on the telephone, I can also submit that is a different premium service.

The witness statement would be from you outlining the circumstances of your attempts to get this information, why you need it, why they won’t let you have it, and why the court should order them to let you have it.

Customer: replied 10 months ago.
OK. I THINK I AM GOING TO REQUIRE your ongoing help and for that to be effective i will need to provide you with confidential information that i cannot share on the web. How do we do???
Expert:  F E Smith replied 10 months ago.

Tell mewhat you want and I will submit the appropriate proposal for you. I am not online now until later today.

F E Smith and other Law Specialists are ready to help you
Customer: replied 10 months ago.
ok. Get back to you later. But i really do need a way of sending you confidential in formation. How can i do that?
Customer: replied 10 months ago.
I can of cause speak to you on the phone you but i cant possibly explain all in a phone call. I need to be able to send you confidential info?