Warning a Caveat

I have received a Caveat notice on a letters of administration application (not had one for 20 years). I need to serve a warning.

Do I serve the warning on the Caveator and then complete the affidavit of service if an appearance is not entered or do I send the warning to the Probate registry to serve.

Thanks
Rachel Stafford
Solicitor

Hi Rachel

It has been a while since I needed to do this, but my recollection is that you need to send the Warning to the Probate Registry first, so that they stamp it. You then serve the stamped warning on the Caveator and then produce an affidavit of service to confirm that the Warning was served and they have not responded to it.

Please do check this though, as it has been a while.

I hope that helps.

Kind regards.

Martyn Dixon
Harold Bell Infields & Co