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Contents (1970 - 01)
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Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 28 April 2017 at 18:22)
Part 78 Division 10 Subdivision 4
Subdivision 4 General
69   Duration of caveat
(cf former Part 78, rule 63)
(1)  A caveat under this Division takes effect when it is filed and, unless the Court otherwise orders, lapses after 6 months.
(2)  The Court may extend the duration of a caveat.
(3)  Despite subrules (1) and (2), in any proceedings on an application for the grant of probate or administration in relation to a will that comprises or includes an informal testamentary document, a caveat concerning the informal testamentary instrument lapses when the caveator becomes a party to the proceedings.
Note.
 Rule 72 (2) provides that, unless the Court otherwise directs, the caveator is to be a party to the proceedings.
70   Withdrawal of caveat
(cf former Part 78, rule 64)
(1)  The caveator in respect of any caveat under this Division may withdraw the caveat by filing a notice of withdrawal of caveat.
(2)  The withdrawal of the caveat takes effect when the notice is filed.
71   Order that caveat cease to be in force
(cf former Part 78, rule 69)
(1)  If:
(a)  a person has applied or intends to apply for the grant of probate or administration or the resealing of a foreign grant, and
(b)  a caveat under this Division is in force in respect of any grant of probate or administration, or resealing of a foreign grant, being made in respect of the estate concerned,
the person may apply for an order that the caveat cease to be in force in relation to the application or intended application.
(2)  An application under this rule must be made:
(a)  except as provided by paragraph (b), by summons, or
(b)  if the person has commenced proceedings for the grant of probate or administration, or the resealing of a foreign grant, by notice of motion in the proceedings.
(3)  The caveator must be joined as a defendant in the proceedings on an application under this rule.
(4)  If the Court considers that the evidence fails to show:
(a)  that the caveator has an interest in the estate concerned, or a reasonable prospect of establishing such an interest, and
(b)  that there is a doubt as to whether the grant of probate or administration should be made or whether the foreign grant should be resealed,
the Court may order that the caveat cease to be in force in respect of the application.
(5)  Part 13 of the Uniform Civil Procedure Rules 2005 does not apply to the proceedings.
(6)  If it does not order that the caveat cease to be in force in respect of the application, the Court may give such directions as appear best adapted for the just, quick and cheap determination of proceedings on the application, or intended application.
(7)  Directions that the Court may give pursuant to subrule (6) include a direction to the caveator to commence proceedings.
(8)  If the Court directs the caveator to commence proceedings, it may order that if the caveator does not commence proceedings within such time as the Court fixes, the caveat is to lapse, either generally or in respect of the application or intended application.
(9)  An order under subrule (8) may be made at the time the caveator is directed to commence proceedings or at any subsequent time.
72   Certain proceedings to be commenced by statement of claim
(cf former Part 78, rule 70)
(1)  If a caveat under this Division is in force in respect of a deceased person’s estate, proceedings for the grant of probate or administration, or the resealing of a foreign grant, in respect of the estate, must be commenced by statement of claim.
(2)  Unless the Court otherwise directs, the caveator is to be a party to the proceedings.
73   Service of documents on caveator
In the application of rule 10.5 of the Uniform Civil Procedure Rules 2005 to the service on a caveator of either of the following documents, namely:
(a)  an application for an order referred to in rule 71,
(b)  a statement of claim referred to in rule 72,
the caveator’s address for service is taken to be the address for service stated in the relevant caveat under rule 66, 67 or 68.
74   Assignment of case number
(1)  A case number or unique identifier is to be assigned to a caveat under this Division when it is accepted for filing.
(2)  In the case of a caveat for an estate in respect of which:
(a)  proceedings for the grant of probate or administration have been commenced, or
(b)  some other caveat has been filed under this Division, or
(c)  a notice has been filed under Division 9,
the case number or other unique identifier assigned to the caveat is to be the same as that previously assigned to the proceedings, caveat or notice.