CHAPTER 10
 
 
CAVEATS

 

 
 
 
 
B. Formal Caveat

A formal caveat is similar in form to a petition, and must contain specific allegations, such as undue influence, lack of testamentary capacity, or forgery, which, if proved, would cause the Register to refuse to grant Letters. The proponent of the Will, petitioner for the grant of Letters, and other parties in interest, may, but are not required to file a responsive pleading to the formal caveat (Appendix B, Form No. 6).

The filing of a formal caveat and bond will postpone the grant of Letters until the Register holds a hearing on the caveator's allegations. If no bond is filed, the caveat will not cause the Register to delay the grant of Letters more than 10 days, and the Register is not obliged to notify a caveator of the subsequent filing of a Petition for Grant of Letters. Although it is the Register's practice to notify caveators of an application for Letters, the caveator who has not filed a bond should regularly check with the Register's office to confirm that a Petition for Grant of Letters has not been filed

 
 
 

 
A | B | C