Issuing a Warning to the Probate Registry

A caveat prevents a grant of probate from being issued by the Probate Registry. A person claiming to have any interest in the estate may issue a Warning on Form 4 against the caveat, stating his interest and requiring the caveator to give particulars of the contrary interest in the estate. There is no fee payable.

A caveator who has no contrary interest to that of the person warning, but who wishes to show cause against the sealing of the grant to that person, may within fourteen days of service of the warning upon him, issue and serve a Summons for Directions. On the hearing of any Summons for Directions, a District Judge or Registrar may give direction for the caveat to cease to have effect.

A caveator having an interest contrary to that of the person warning, may within fourteen days of services of the warning, enter an Appearance to the Warning in the registry by filing Form 5 and serving a copy on the person warning.

If no Appearance or Summons has been entered by the caveator, the person warning may any time after fourteen days of service of the warning, file an Affidavit in the registry confirming service of the Warning. The caveat will then cease to have effect, provided there is no pending Summons or Application. Probate can then proceed.

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