› Standing — solicitor filing as agent for beneficiaries
Succession law
› Caveats
› Expiry — failure to serve grounds of objection within time — extension under r 8.03(3)(b)
Succession law
› Caveats
› Prima facie case — grounds of objection — sufficiency of particulars
Quick Take
1A solicitor who files a probate caveat in their own name but states in the grounds of objection that they act as agent for beneficiaries may have standing derived from those beneficiaries' interests, even where formal written authorities post-date the caveat, because the ordinary doctrine of ratification applies to render subsequent authorisation equivalent to antecedent authority.
2The discretion under r 8.03(3)(b) of the Supreme Court (Administration and Probate) Rules 2023 (Vic) to order that a caveat has not expired despite failure to serve grounds of objection within time is not exercised as a matter of course; relevant factors include the explanation for non-compliance, length of delay, prejudice (including delay to estate administration), and the merits of the proposed objection.
3A preference by some beneficiaries for an independent administrator, unsupported by any evidence impugning the proposed administrator's capacity, integrity or fitness, does not establish a prima facie case for opposing a grant of letters of administration.
