NON-CONTENTIOUS PROBATE RULES 1967 - REG 33

NON-CONTENTIOUS PROBATE RULES 1967 - REG 33

33 .         Caveats

        (1)         A person having any interest in an estate in which application is being made for a grant or the sealing of a grant, and intending to oppose the application, shall either personally or by his solicitor enter a caveat in the Registry.

        (2)         A caveat shall be in accordance with Form 3, and shall state fully the nature of the interest of the caveator.

        (3)         Subject to subrule (4), a caveat shall remain in force for the space of 6 months only from the day it is entered and then expire and be of no effect, unless otherwise ordered.

        (4)         Notwithstanding that a period of 6 months has elapsed after entry of a caveat, the Registrar may require the applicant for a grant to give notice to the caveator before proceeding with his application.

        (5)         Where the applicant for a grant or for the sealing of a grant does not obtain an order under section 64 of the Act, he shall, within one month, or such extended time as a Judge or the Registrar may allow after notice of the entry of the caveat, commence contentious proceedings by issuing a writ against the caveator and proceeding in the ordinary manner.

        (6)         A caveator may, if no step is taken by the executor or applicant for administration within a period of one month after notice of the entry of the caveat, apply to a Judge or the Registrar for an order directing the executor or applicant to proceed with his application; and the Judge or Registrar may make an order upon such terms as he thinks fit.

        [Rule 33 amended: Gazette 14 December 1979 p. 3876.]