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ReadyLaw
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From the UK, can I file a petition/summons with the jamaican

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From the UK, can I file a petition/summons with the jamaican probate court to force/compel the executor to comply with the terms of a WILL .
JA: Because laws vary from place to place, can you tell me where this is?
Customer: Jamaica
JA: What documents or supporting evidence do you have?
Customer: nothing at present, I am a beneficiary, but the executor since 2017 won't show or give copy of the WILL . And won't go to probate, I'm in the UK living, but need to now find if I have the option to " make an application for direction " from the court.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Nothing I can think of at present. Thanks.
Customer: replied 8 days ago.
You ask about £5 ,I've already paid it. Do I have to pay again for another question?
Hello,

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 for an 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 for you.

Thank you!

Good day your question has been forwarded to me to see if I may be able to assist.

I apologise for the delay in getting back to you. In order to assist, kindly confirm the following:

1. How many executors are there?

2. Has a lawyer been appointed to assist with the application for probate?

Customer: replied 7 days ago.
Hello, I will wait because I really need this answered asap. Thanks again.
Customer: replied 7 days ago.
2 executor's. The will is in 2 parts. UK and Jamaica. My brother appointed a solicitor in January 2017, but refuses to go to probate.
Customer: replied 7 days ago.
I can do a live call tomorrow if that helps.

I will send you a proposal for a call. If you accept, we will go through this over the phone, i think that is a much better option.

ReadyLaw, Lawyer
Category: Law
Satisfied Customers: 1734
Experience:  Bar Professional Training Course
ReadyLaw and 5 other Law Specialists are ready to help you

What time tomorrow will be good for you?

Customer: replied 7 days ago.
Between 10 am -1 pm

ok will do.

Customer: replied 7 days ago.
Thank you, bye till then.

Hi good day. I tried calling you as promised. Kindly confirm whether you were referring to Jamaican or UK time?

Hi

Thanks again for speaking with me today. I will set out the process for you or that would be adopted in prompting the executor to act. As discussed however, ultimately you must be prepared to act or assume the duties of the executor if it is that the executor fails to enter an appearance. The process is not at all straightforward and I would recommend that you instruct a solicitor to assist with the process.

Procedure:

1. A caveat must first be entered. This prevents a Grant of Probate from being issued. This usually last for 6 months but an application can be made for an extension.

You may apply for caveat here:

https://www.gov.uk/government/publications/apply-to-stop-a-grant-of-probate-by-post

2. A draft of the citation must then be prepared and lodged with the probate registry together with a copy of the following:

  • The Will (usually this would be included. However in your statement in support you may state that you are a beneficiary to the estate but that a copy of the will was not given to you);
  • Witness statement in support of the application; and
  • £12.00 fee.

The citation and affidavit requires some amount of drafting. I recommend having a solicitor help you here.

You may find a solicitor by clicking on the below link. Select the option Will/probate and input your postcode.

https://solicitors.lawsociety.org.uk/

3. The citation and supporting documents will be served on the executor.

4.Once served an affidavit of service must be filed with the Court confirming that service has taken place.

5. Appearance

The Citee has eight days from the date of service to enter an appearance with the registry.

If having been cited the executor (the Citee) fails to enter an appearance, you can seek an order either requiring the Citee to take the Grant out within a specified time or can seek an order to apply for the Grant themselves.

It is at this point that you would need to decide which is the better option, whether asking the court for permission to allow you to apply for the Grant or compelling the executor to apply. My general feeling is to apply for you to take out the grant.

All the best

RL

Customer: replied 6 days ago.
Thank you very much.