A. |
Informal Caveat |
A caveat (Latin for "let him beware")
is a notice filed with the Register by a party in interest (known
as a "caveator") for the purpose of preventing the Register
from granting Letters. The caveat process may be initiated informally
or formally.
An informal caveat is a writing filed with the
Register (by letter or by use of the form available at the Register's
office) simply requesting that the Register not grant Letters without
notifying the caveator in advance (Appendix
B, Form No. 5). The filing of an informal caveat has the effect
of postponing the grant of Letters. As a matter of practice, the
Register will notify a caveator of the filing of a Petition for
Grant of Letters, and will advise the caveator that the Register
will not postpone the grant of Letters for more than 10 days after
the filing of a Petition for Grant of Letters, unless within that
10-day period the caveator files a formal caveat and a bond with
the Register. During this 10-day period, the caveator has the opportunity
to examine the petition, the Will, and any other papers lodged with
the Register, and to determine whether to file a formal caveat and
bond. If during this period the caveator decides not to proceed,
a letter should be sent to the Register by the caveator or the caveator's
attorney withdrawing the informal caveat.
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