Court Procedures Rules 2006

A person claiming to have an interest in an estate may file a caveat in the court.

See approved form 3.26 (Caveat) AF2026-25.

A caveat may be—

a caveat against a grant of representation for the estate; or

a caveat requiring proof in solemn form of any will of the deceased person; or

if a grant of probate is made on presumption of the death of the person under the Administration and Probate Act 1929, section 9B—a caveat against distribution of the estate.

A caveat mentioned in subrule (2) (a) or (b) may be filed at any time before a grant of representation is made for the estate.

A caveat mentioned in subrule (2) (c) may be filed at any time before the estate has been fully distributed.

The caveat must state fully the nature of the caveator’s interest and the grounds of the caveator’s objection.

If probate or letters of administration is sought in relation to a will (including a document claiming to contain the testamentary intentions of the deceased person), the grounds of objection may be stated as follows:

that there is a later will executed, or act of revocation or made, on a stated date;

that the will was not executed by the testator;

that the will was not executed in accordance with a stated provision of the Wills Act 1968;

that the document for which probate or administration is sought was not executed in accordance with the Wills Act 1968 and was not intended by the deceased person to be the deceased person’s will;

that the testator lacked testamentary capacity at the time of execution of the will;

that the testator executed the will under the undue influence of a named person.

If a grant of representation is sought for an intestate estate, the grounds of objection may be stated as follows:

that a will executed on a stated date exists;

that the applicant for the grant of representation does not have the capacity or stand in the relationship for which the applicant seeks administration;

that the caveator or someone else seeking administration has a better stated right;

that the proposed administrator is disqualified because of a stated reason.

Subrules (6) and (7) do not limit the grounds of objection that may be stated in a caveat.

The caveat must give an address for service of the caveator.

Address for service is defined in the dictionary.