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Contents (1970 - 01)
Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 20 November 2017 at 20:44)
Part 78 Division 10 Subdivision 3
Subdivision 3 Caveat requiring proof in solemn form
68   Caveat requiring proof in solemn form
(cf former Part 78, rule 62)
(1)  A person:
(a)  who claims an interest in a deceased person’s estate as a beneficiary under a will, or
(b)  who has an interest in a deceased person’s estate and who wishes to challenge an alleged will on the ground that the will has not been duly executed,
may file a caveat requiring proof in solemn form of any such will.
(2)  The caveat must state fully the nature of the interest of the caveator and an address for service.
(3)  If the caveator is aware that any other person is making, or intending to make, an application for the grant of probate or administration, or the resealing of a foreign grant, 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.