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MarianC
MarianC,
Category: Property Law
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Can the PA1P form be used if the probate is contentiouse?

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can the PA1P form be used if the probate is contentiouse?
this is for getting a grant of probate and to reserve power on the other executor without getting their agreement
to have their power reservedi have read that its meant for non contensious probate,
but i am looking for the specific rules that will state one way or the other
Hello thank you for your question, yes you can use that form but you must send the Notice to the other executor stating that you have applied for probate, you cannot just apply and not send them the Notice.

Kind regards

Marian

Customer: replied 12 days ago.
but do you have to tell them that you are applying without telling the other executor their powers are reserved? or you do not have to tell the other executer about their powers?
you just have to state you are making an application?does it make a difference if you have received a pre action claim notice to take you off as executor?
There is a set Notice that you have to send them this states that you have applied for the Grant and that they have Power Reserved.  I would think they have already lodged a Caveat which would stop any Grant being issued.
Customer: replied 12 days ago.
i am the other executor and i did have a caveat and no warning notice was given and grant was issued after my court case to remove that executer was successful, but his application that was started before the conclusion of the case managed to grant him probate. so i am left going back tp court, but i wanted to gauge what process where not followed by him to get this through

Hi, it is difficult to say, perhaps the Caveat lapsed and needed to be renewed, you would have to ask the Court to Order that the probate registry gives you that information.

Customer: replied 12 days ago.
thank you
Customer: replied 12 days ago.
i am trying to rate your answer, but its not letting me
Thank you I'm not sure how it looks from your side of things, they did change the rating system at one point.
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