Caveat—leave to withdraw
3071 Caveat—leave to withdraw
This rule applies to a caveat in relation to an estate if rule 3070 (Caveat—withdrawal if no pending proceeding for grant of representation etc) does not apply to the caveat.
The caveator may withdraw the caveat only with the court’s leave.
Pt 6.2 (Applications in proceedings) applies to an application for leave.
Rule 6902 (Leave may be given on conditions) provides that, if the court gives leave under a provision of these rules, it may give the leave on the conditions it considers appropriate, including a condition about costs.
If the court gives leave for the caveat to be withdrawn, the caveat is taken to be withdrawn when the leave is given.
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