Setting aside caveat
626 Setting aside caveat
If—
a person intends to apply for a grant; and
a caveat is in force in relation to the estate;
the person may apply to the court, naming the caveator as a respondent, for an order setting aside the caveat.
The court may set aside the caveat if the court considers that the evidence does not—
show that the caveator has an interest in the estate or a reasonable prospect of establishing an interest; or
raise doubt as to whether the grant ought to be made.
If the court does not set aside the caveat under subrule (2), the court may give the directions it considers appropriate for the application to be decided speedily, including a direction to the caveator to start a proceeding within a stated time.
If the caveator does not start the proceeding within the time stated in a direction given under subrule (3), the caveat stops having effect.
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