The Probate and Administration Rules

Rule 15 of The Probate and Administration Rules: Caveats, objections and warnings

(1) Any person who wishes to ensure that he shall receive notice of any application either for the making or the confirming of a grant of representation to the estate of a particular deceased person may enter a caveat in any registry.
(2) Any person who wishes to enter a caveat (herein called the caveator) may do so by completing and signing Form 28 in the appropriate book at the registry, paying the prescribed fee, and obtaining an acknowledgement of entry from the proper officer, or by sending through the post at his own risk a caveat in Form 28, signed by him and accompanied by the prescribed fee, to the registry in which he wishes the caveat to be entered.
(3) No caveat shall be entered by or on behalf of more persons than one.
(4) Where a caveat is entered by an advocate on behalf of a caveator, the name and postal address of the caveator shall be stated in the caveat in addition to those of the advocate.
(5) Every district registry shall immediately upon receipt of a caveat forward a copy thereof to the principal registry where it shall be filed and retained.
(6) The principal registrar shall maintain a comprehensive index of caveats entered in any registry (including the principal registry) and, on receiving an application for the making or confirming of a grant, or notice of an application made in a district registry, shall forthwith cause the index to be searched to ascertain if any caveat has been lodged in the matter.
(7) Where it appears that a caveat has been lodged against the making or confirming of a grant to the estate of a deceased and that such a grant has been applied for in any registry, the principal registry shall forthwith notify the registrar at that registry of the name and particulars of the caveator.
(8) The registrar shall not allow any grant to be made or confirmed in his registry if he has knowledge of the existence of an effective caveat in respect thereof: Provided that no caveat shall operate to prevent the making or confirming of a grant on the day on which the caveat is lodged.
(9) Where it appears to the principal registrar that an application has been made in any registry for the making of a grant to the estate of a deceased in regard to which a caveat has been lodged and is subsisting, the principal registrar shall send a notice in Form 112 to the caveator warning him of the making of the application and notifying him that if he wishes to object to the making of the proposed grant he must, pursuant to the provisions of section 68(1) of the Act, lodge such objection in the principal registry within thirty days, or such longer period as the registry for reasons to be recorded may allow, from the receipt of such notification, in default of which the caveat shall cease to have effect with respect to the making of such grant.

Check the current authoritative text and amendment history before relying on this provision.

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