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.
|