› Reference and removal of proceedings within court
Procedure
› Caveats
› Non-compliance with formal requirements
Quick Take
1Where a caveator fails to file a notice to support a caveat in the approved form within eight days after service of the registrar's notice under r 625(2) UCPR, the registrar is justified in proceeding with the probate application as if no caveat had been filed under r 625(6), regardless of whether informal supporting documents were lodged with the caveat.
2Fairness invariably involves applying the rules in the same manner to both self-represented and represented parties; a caveator's self-represented status does not excuse non-compliance with clear procedural requirements and timeframes set out in the registrar's notice.