Upcoming court case

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emmt

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Hi there, I'm going through a long drawn out contesting of a parents will, with most of my other siblings, and we have finally arrived at the situation where we have received our first court date. A notice of motion was served on the executor, also the main beneficiary of the will, on June 18 2024 and so we're off to court on Sept 18 2024. Apparently an appearance was entered by the executors solicitors on behalf of their client and the executor intends to defend the proceedings and enter a defense and a counterclaim. Very little communication has been forthcoming from the other sides solicitor so looks like it will be long drawn out and contentious - as you'd expect a will contest to be, in fairness to all sides.

My question is - I'm not sure what this first court appearance will entail. Up to this it has been just back and forth with solicitor, getting advice from barrister and then providing and signing affadavits - which has all been done.

I believe this initial court appearance is just a formality to get a 'proper' date for the real deal in the courts when the judge will give attention to affadavits etc.

We've been told by our solicitor that we dont need to be in the courthouse but just looking for advice as to whether it would be in our best interests to be there anyway, just in case? I'm not clear on what is actually going to be the outcome of the first court appearance.

Thanks in advance for any help. You can probably tell from above that Im just paraphrasing what comes from the solicitor to my sibling, who isnt very good at asking probing questions, but is doing her best in difficult circumstances!!
 
My advice, be there. These first appearances tend to be one of my pet hates from life outside the court, a meeting about a meeting, but you never know, stuff may crop up and you need to be able to issue instructions to your solicitor for clarification, lack of understanding, etc.

Be clear. The judge and all the rest of them are there on your dime either through taxes, via fees paid directly by you or by reductions in the overall inheritance pot. They're all supposed to be miced up these days, but that does not necessarily mean you'll be able to hear clearly all the time.
 
mathepac said:
My advice, be there. These first appearances tend to be one of my pet hates from life outside the court, a meeting about a meeting, but you never know, stuff may crop up and you need to be able to issue instructions to your solicitor for clarification, lack of understanding, etc.

Be clear. The judge and all the rest of them are there on your dime either through taxes, via fees paid directly by you or by reductions in the overall inheritance pot. They're all supposed to be miced up these days, but that does not necessarily mean you'll be able to hear clearly all the time.
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thanks for the reply so quickly @mathepac . We've been on this road for 4 years now and I don't want to drop the ball at this stage. It's a bit of a journey but could be one worth making.
 
I also agree with the previous two.
Nothing like the client being present to focus the mind. When it is called stick as close to your solicitor as you can I would also advise.

The Judge may have questions, and maybe you being present could help expedite. I have no experience of cases such as yours so I can't surmise as to what could crop up.

Equally, be prepared to be homeward bound feeling it was a waste of a day too.
 
thanks guys. Our solicitor said there was no need for any of us to be there but it can do nothing but good to get a first hand view of whats going on, even if nothing happens on the actual day. Its a long, slow, painful, draining process but hopefully will be worth it in the end.
 
emmt said:
We've been told by our solicitor that we dont need to be in the courthouse but just looking for advice as to whether it would be in our best interests to be there anyway, just in case? I'm not clear on what is actually going to be the outcome of the first court appearance.

Thanks in advance for any help. You can probably tell from above that Im just paraphrasing what comes from the solicitor to my sibling, who isnt very good at asking probing questions, but is doing her best in difficult circumstances!!
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You really should be guided by your solicitor in such matters. And if the current communication channel with the solicitor isn't working then address that as a matter of urgency.
 
emmt said:
thanks guys. Our solicitor said there was no need for any of us to be there but it can do nothing but good to get a first hand view of whats going on, even if nothing happens on the actual day. Its a long, slow, painful, draining process but hopefully will be worth it in the end.
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Why attend if you don't need to, you have no input on the day, and it serves no useful purpose? It's probably just a case progression hearing or something like that - e.g. to agree a day for an actual hearing.
 
I would say go. First as suggested above that questions do arise. You never know from judge to judge.
Also it will give you a feel for the court/court building, for when you do have to go. It might ease any worries you might have about attending.
 
Absolutely go. I've been to court 3 times in my life as an expert witness in commercial cases, only had to give evidence once as the other 2 were settled "on the steps". you never know what might happen so be there.
 
Zobeda said:
The Judge may have questions, and maybe you being present could help expedite.
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mathepac said:
stuff may crop up and you need to be able to issue instructions to your solicitor for clarification, lack of understanding, etc.
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Because answering questions and issuing instructions in real time is a good idea.

Go to observe if you wish, but don't get involved, take time to consider any questions that may arise.
 
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