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Contents (1970 - 01)
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Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 20 August 2017 at 02:54)
Part 78 Division 10 Subdivision 2
Subdivision 2 Caveat concerning an informal testamentary instrument
67   Caveat concerning an informal testamentary instrument
(cf former Part 78, rule 62A)
(1)  A person who claims to be a person whose interests may be affected by the Court’s decision as to the deceased’s intentions in relation to an informal testamentary document may file a caveat requiring an opportunity to be heard before the Court makes such a decision.
(2)  Subrule (1) does not apply to a person who is a defendant in proceedings for the grant of probate or administration in relation to the deceased’s estate.
(3)  The caveat may be lodged:
(a)  at any time before service on that person of a copy of an application for the grant of probate or administration in relation to that estate, or
(b)  by leave of the Court, at any time before the grant of probate or administration is made.
(4)  The caveat must state fully the nature of the interest claimed by the caveator and an address for service.
(5)  If the caveator is aware that any other person is making, or is intending to make, an application for the grant of probate or administration in respect of the same estate, the caveator must, within 7 days after filing the caveat, serve a copy of the caveat on that other person.