TOPIC 3: LETTERS OF REPRESENTATION
(PART 1)
INTRODUCTION
- The object of applying for Letters of
Representation (LR) is to enable the applicant to deal
with the deceased’s estate.
- The Executor’s authority stem from his appointment
in the Will. LR only confirms the Executor’s authority.
- Unlike Executor, an Administrator’s authority and
confirmation of the authority stems from the LA and
cannot act until then.
- The type of estate will determine;
● the type of grant of representation to be
applied for;
● the jurisdiction to deal with the administration
of estates; and
● the procedure to be followed.
- S.3(2) SEDA: Assets of the deceased consists
● in whole/in part of immovable property
located in any state; and
● the total value of not more than RM2
million on the date of application made. (S.4
SEDA (Amendment) 2008)
* Non-small estate: Assets not falling under SE
definition.
- Small estate:
● Must have an element of immoveable ppty
(all/partly).
● As long as there is immoveable ppty it can fall
under small estate.
● Total value must be less than RM 2 mil
(combination of moveable and immoveable
property).
● Other than this is non-small estate.
- Non-small estate:
● Immoveable ppty (all/ partly)
● Moveably ppty (all/partly)
● Total value exceed RM 2 mil
(i) High Court
- S.24(f) CJA 1964 – HC to deal with testate estate
regardless of value.
- Even though such estate falls under definition of a
small estate, it shall not affect HC’s jurisdiction if the
deceased left a valid Will.
(ii) Small Estate Unit (SEU)
- Must fall under the definition of Small Estate.
- It is not applicable to a testate estate even if the
estate does not exceed 2 million ringgits in total value.
S.5(1) SEDA.
(iii) Amanah Raya Berhad (Public Trust
Corporation)
- S.17 provides for the summary administration of
movable property by the Corporation. Total value of
the property must NOT exceed RM600,000.
1. GP
- S.3(1): Probate may be granted to an Executor
appointed by a Will.
- S.2 define ‘Probate’ = Grant under the seal of court
authorizing the Executor to administer the Testator’s
estate.
- GP is a court order which gives the Executors
authorization to administer the estate of the deceased
in accordance with his / her will.
- A proving Executor (i.e. willing, able & has the
capacity to take responsibility to administer the estate)
must file an application for GP at the HC.
- The Executor derives his title an authority from the
Will. Obtaining a GP will ensure the validation of his
action.
- Court will give a conditional grant of probate under
some situations such as the will being lost or
destroyed, still GP not LA.
Lost Will
- S.25 PAA: If the original will was lost/mislaid after
the death of the Testator/cannot for any sufficient
reason be produced, a limited GP may be granted
based on:
● copy/draft of the lost/destroyed Will; or
● its contents (if no copy/draft)
Destroyed Will
- S.26 PAA: same as lost will, if the original will was
destroyed, limited GP may be granted based on
copy/draft of the lost/destroyed Will; or its contents.
Will deposited in a court outside Malaysia
- S.27 PAA: GP may be granted based on
authenticated copy of a will, if the original has been
deposited in a court outside Malaysia.

2. LA
- S.2: “administration” means, with reference to the
estate of a deceased person, LA issued by the Court
whether general or limited or with the will annexed or
otherwise authorizing the person therein named to
administer the deceased person’s estate in accordance
with law.
- S.39(1): An administrator’s title is derived solely
from the grant of LA, pending which the estate of a
deceased dying intestate vests in the Amanah Raya
Berhad.
- S.39(2): Where a person dies intestate, his personal
property shall vest in the Administrator on the making
of an order for a grant of administration by the court.
P. Govindasamy Pillay & Sons Ltd v Lok Seng Chai
(1991) 27 MLJ 91 - That “it is only on extracting the
grant of LA that the petitioner can be said to be duly
clothed with the representative character and to have
acquired a title to the estate”
LA until a Will is produced
- S.18: If there is reason to believe that there is a will
in existence, LA may be granted, limited until the will
/ an authenticated copy thereof is produced.
- LA will be granted under such circumstances until
will is produced.
3. LAWA
- Where a person dies leaving a valid Will but without
Proving Executor, a GP will not be issued.
- One of the beneficiaries will need to make
application for a Grant of LAWA.
- The Will is annexed to the LA to demonstrate the
intention of the Testator relating to the distribution of
the estate.
- S.16 provides the situation of failure of executor
● Fail to appoint an Executor (the validity of the
Will not affected)
● None of those appointed are able and willing
to act
● No Executor survives the Testator
● All Executors dies before obtaining probate
● The appointed Executor do not appear and
extract probate
4. LA pendente lite
- S.19: Pending any probate action, LA may be
granted to such person as the Court may appoint.
- limited so that the Administrator shall not be
empowered to distribute the estate, and
- shall be subject to such control by, and direction of,
the Court.
Lily Iskandar v Bonardy Leo [1986] 1 MLJ 368 -
The Court described it as 'an interim measure intended
to preserve the disputed property intact’.
Amanah Raya Bhd v Jigarlal Kantilal Doshi [2013]
7 MLJ 398 - The administrator pendente lite takes an
inventory of the deceased person's property and
handles the business affairs of the estate until the
dispute is settled.
5. LA de bonis non
- Granted in cases where the appointed Executor:
● dies intestate (break in the chain of
Executorship)
● abscond
● becomes incapacitated;
without having fully administered the deceased’s
estate.
- It is granted to complete the administration of any
part of the estate that is left un-administered by the
previous Executor.
- This is not applicable if there is chain of
executorship.
RESEALING OF GRANT
- If a GP/LA has been granted by a Court of Probate
in any part of the Commonwealth countries, it may be
recognised by the Malaysian courts:
🡪 by way of resealing of such grant in the HC.
- Upon resealing, it will have the same effect in this
country as if it was a grant made by the Malaysian HC.
Procedure
- S.52:
● the GP/LA so granted / its certified copy
● sealed with the seal of the court granting the
same
● produced to HC & a copy thereof deposited in
the HC
● the GP/LA will be sealed with HC’s seal
Security on re-sealing LA
- S.55: Before the sealing of LA under this Part,
 ● the administrator/his attorney shall give
security by a bond in the prescribed form for
the due administration of the estate; and
● that security shall be subject to s.35 relating to
security to be given in the case of a grant of
LA.
Security for creditors in Malaysia
- S.56(1): Where the deceased has carried on
business/resided in Malaysia within 12 months of his
death,
● the Court may, on the application of a creditor
of the deceased,
● before a GP/LA is re-sealed require adequate
security to be given for the payment of debts
due to creditors residing in Malaysia.
- In cases where the grant was obtained from a
non-Commonwealth country, the personal
representative must apply for a fresh grant from the
HC.
Issar Singh s/o Bhola Singh v Samund Singh s/o
Mayiah [1941] 1 MLJ 28 - In cases where LA, which
have been granted in the UK any other part of the
British Dominions, are brought to this Court for
resealing, an Administrator acquires his rights only on
the date when the Letters of Administration are
resealed.
Lim Kang Hai v Lim Chik Lock [2013] MLJU 614 -
The Singapore probate has not been re-sealed in the
Malaysian HC in accordance with s.52 of the PAA.
Consequently, it has no legal effect in Malaysia
although it may have such effect in Singapore.
REVOCATION
- S.34: Any GP/LA may be revoked/amended for any
sufficient cause.
Damayanti Kantilal Doshi v Jigarlal Kantilal Doshi
[1998] 4 MLJ 268 - The grant of probate made in
favour of the appellants as the executrix and executor
of the estate of the deceased has not been extracted
after a lapse of seven years. The respondents being
beneficiaries of the estate applied to revoke the
probate. Held dismissing the appeal, there was enough
material to support the allegations levelled against the
appellants, that they had not properly discharged their
duties as executrix and executor in the interests and
welfare of the beneficiaries. In the light of this, the
respondents had shown sufficient cause pursuant to s
34 of the Probate and Administration Act 1959 for the
court to interfere with the wishes of the testator.
Re Khoo Boo Gong, decd Khoo Theng Seong v
Teoh Chooi Ghim [1981] 2 MLJ 68 - Respondent had
applied for the revocation of probate granted to the
executors of the estate and the removal of the appellant
as executor. The main reason for the application was
that the appellant was resident in Australia. The
application was allowed in the High Court and the
appellant appealed. Court held absence from
jurisdiction of an executor who is always available and
who has done what needed to be done, albeit with
some lapses, through capable and suitable solicitors,
cannot amount to a cause, much less a sufficient cause,
for revoking the grant to him. Respondents have not
made a case for the revocation of the probate granted
to the appellant and the appeal must therefore be
allowed.
Guindarajoo a/l Vegadason v Satgunasingam a/l
Balasingam [2010] 4 MLJ 842 – Held Section 34 of
the Act provides that any probate or LA may be
revoked or amended for any sufficient cause. Any
person having any interest, however slight, is entitled
to make such an application. Whether or not there is
'sufficient cause' entails an objective test. In the instant
case, it was quite incredulous for the defendant to be
the lawful nephew of a mother and daughter at the
same time. The defendant had plainly misrepresented
the facts with his dishonest claims. By his mendacious
conduct, there was established sufficient cause to
revoke the LA granted to him over both the estates.
- GP/ LAWA may also be revoked if;
● the will is invalid
● the will has been revoked (if after grant of
probate or LA, subsequently found to have 2nd
will – other methods of revocation not
applicable here ie. marriage & destruction); or
● the grant was obtained by person not entitled
to such grant
PROBATE PROCEEDINGS AT THE HIGH
COURT
Jurisdiction
- S.24(f) CJA: Civil jurisdiction of HC include
jurisdiction to grant GP & LA leaving property within
the territorial jurisdiction of the Court.
- S.77A (1) PAA: The Registrar of HC (including
Deputy Registrars, Senior Assistant Registrars and
Assistant Registrars) shall have jurisdiction;
● in matters of GP; and
● to hear and determine applications for, and
to grant GP/LA
 (a) in all cases which are uncontested; and (i) GP / LA;
(b) in all contested cases where it appears that (ii) revocation of such grant; or
the gross value of the estate of the deceased
(iii) decree pronouncing for/against the validity of an
does not exceed RM25,000
alleged will.
- O71 – Non-contentious probate (usually ex- parte
- There are 3 method of commencement for probate
because non-contested)
action/contentious probate;
- O72 – Contentious probate (contested)
i. On Plaintiff’s own initiative
- However, HC jurisdiction under O.71 and O.72 to
ii. By issuing a citation
grant LR applies in Peninsular Malaysia only.
iii. By lodging a caveat (originally non-contentious, to
- O. 71, r. 2: ‘Act’ means the Probate and
stop court from issuing LR)
Administration Act 1959, and does not include:
1. Action began on plaintiff’s own initiative
- Probate & Administration Ordinance 1947 (Sabah
Cap 109) - A Plaintiff may commence probate action;
- Administration of Estates Ordinance 1948 (i) to apply for GP/LA.
(Sarawak Cap 80)
(ii) to apply for a decree pronouncing for or against the
- Under AEO Sarawak – the jurisdiction to grant validity of an alleged will.
GP/LA is under Probate Officer, NOT HC
- To ensure that the LR granted are not challenged
Ong Ka Kim v Wong Sing Kiong [1997] 5 MLJ 46 - later.
Held in O 71 r 2 of the RHC, “Act” meant the Probate
and Administration Act 1959, which was only in force PROCEDURE
in West Malaysia. Under the Act, the jurisdiction to
grant probate and letters of administration were vested
in the High Court in Malaya. However, the Act had not
been extended to Sarawak. Therefore, the law
applicable in Sarawak was not the Probate and
Administration Act 1959 but the Administration of
Estates Ordinance.
PROBATE ACTION/ CONTENTIOUS
PROCEEDINGS (i) Filing Cause Papers

Preliminary Writ

- Application of GP: - Probate action must be begun by a Writ (Form 2)

● Ensure that the Will is valid - fulfil
requirement in the Wills Act 1959.
● O.71, r.4(1)(3): GP shall not be issued within
7 days of the death of the deceased
- Must wait 7 days after death.
- Application of LA:
● O.71, r.4(1)(3): LA shall not be issued within
14 days of the death of the deceased
- Must wait 14 days after death.
- S.2 PAA: Probate action means a cause/matter in
which a petition for probate of administration is
contested by any person and includes an application to
alter/revoke any grant of representation.
- O.72 r.1(2): Probate action means an action for:
issued by the Registry of the HC. [O.72, r.2(2)]
Debaroti Das Gupta v Deb Brata Das Gupta [2015]
7 MLJ 605 - A probate action must be begun by writ,
and the writ must be issued out of the registry as
provided under r.2(1). The word ‘must’ denotes that it
is mandatory for the action to be begun by way of a
writ action.
Jigarlal Kantilal Doshi v Damayanti Kantilal Doshi
(executrix) [1998] SLR 211 - An application to revoke
the grant of probate by Originating Motion was held to
be a wrong process. As probate action, it should be by
way of Writ.
Refer to Form 2 – Writ (O.6, r.1)
- The writ must also be endorsed with a statement of
the nature of interest (SNI) of P and D in the estate of
the deceased. [O.72, r.2(2)]
- The writ must be served personally/by prepaid AR
registered post on D [O.10 shall apply – service of
process]
- O.72, r.3(1): service out of the jurisdiction of a notice
of a writ, by which a probate action is begun is
permissible with the leave of the Court. [O.11, r.3 &
r.4 shall apply]
Appearance
- O.72, r.6: D must enter appearance at the Registry
and O.12 shall apply
– e.g. within 14 days from service for writ served
within the jurisdiction of Malaya
Default of appearance
- O.72, r.10(1) provides that O.13 shall not apply in
relation to a probate action i.e. cannot obtain judgment
in default (JID) of appearance.
- If fail to appear need to file affidavit of due service
and apply for leave to set for trial.
- O.72, r.10(2): If D fails to enter an appearance, the P,
upon filing an affidavit proving due service of the
writ, may after the time limited for appearing, proceed
with the action as if that D had entered an appearance.
- O.72, r.10(3): The P need to apply to the Court for
leave to set down the action for trial. (unless if want to
discontinue)
Affidavit [O.72, r.9]
- P and D who has entered appearance must swear and
file Affidavit of testamentary scripts
- O.72, r.9(5) define a testamentary script as a Will /
draft thereof, written instructions for a Will made by or
at the request or under the instructions of the testator;
and any document purporting to be evidence of the
contents, or to be a copy, of a Will which is alleged to
have been lost or destroyed
- Affidavit must be filed within 14 days after the entry
of appearance O.72, r.9(2)
- The affidavit shall:
● describe any testamentary script of the
deceased person, whose estate is the subject of
the action, of which he has any knowledge; or,
● if such be the case, stating that he knows of no
such script; and
● if any such script of which he has knowledge
is not in his possession/under his control,
● giving the name and address of the person in
whose possession or under whose control it is
or,
● If such be the case, stating that he does not
know the name/ address of that person; and
● any such script which is in the
possession/under the control of the deponent
must be annexed to his affidavit.
Pleadings
(i) Statement of Claim
- O.72, r.11: P must serve a SOC on every D who
enters an appearance in the action before the expiration
of
● 6 weeks after entry of appearance by that D /
● 14 days after the filing by him of an affidavit
of testamentary script, whichever is the later.
- Under O.72, r.13, the P should state in his SOC:
(content)
(1) If P is disputing the interest of a D - that he denies
the interest of that D;
(2) If P is disputing the interest of a party claims to be
entitled to a grant of LA - that if the allegations made
therein are proved he would be entitled to an interest in
the estate. 
(3) Any party (either P/D) who pleads that the Testator
did not know when the Will was executed and did not
approve the contents - must specify the nature of the
case on which he intends to rely.
- However, in support of the above plea, the party is
prohibited from making allegation connected with the
following pleas:
(a) that the Will was not duly executed;
(b) that at the time of the execution of the Will, the
Testator was not of sound mind, memory and
understanding; and
(c) that the execution of the Will was obtained by
undue influence or fraud,
- Unless these pleas are also pleaded in the
SOC/defence/ counterclaim
(ii) Defence & Counterclaim
- O.72, r.12: D who alleges that he has any claim/is
entitled to any relief/ remedy in respect of any matter
relating to the GP/ LA must add to his defence a
counterclaim in respect of that matter. (i.e. separate
action not allow, unlike O.15 r.2(1) which allows a
separate action)
Defaults of Pleadings
- O.72, r.14: If D fails to serve on P a pleading as
required, O.19 (i.e. Judgement in default (JID) of
pleadings) does not apply.
- Instead, P may only apply to Court for leave to set
down the action for trial.
(ii) Pre-Trial Case Management (PTCM) (O.34)
- O.34 r.2(1): Court may direct parties to attend a
PTCM relating to the matters arising in the action/
proceedings.
- O.34 r.3(1): The registry shall issue a notice in Form
59 requiring the parties to attend before the Judge.
- O.34 r.2(2): At a PTCM, the Court may consider any
matter including
● the possibility of settlement of all/ any of the
issues in the action/proceedings; and
● require the parties to furnish the Court with
such information as it thinks fit, and
● the appropriate orders & directions that should
be made to secure the just, expeditious &
economical disposal of the action/proceedings
- Refer Form 59 – Notice to attend pre-trial case
management (O.34, r.3)
- O.34 r.1(3): The Court, having given directions under
r.2(2)/r.3 may either on its own motion/upon the
application of any party, if any party defaults in
complying with any such directions,
● dismiss such action/proceedings or
● strike out the defence/counterclaim or
● enter judgment or make such order as it thinks
fit.
- O.34 r.6(1): If, at the time appointed for the PTCM,
any party fails to attend, the Court may
● dismiss the action/proceedings or
● strike out the defence/counterclaim or
● enter judgment or make such other order as the
Court thinks fit.
- Once the parties have complied with the Court’s
direction, the Judge will fix the date for hearing.
(iii) Trial and Judgment
- Trial is in open court before a judge who will then
give his judgment.
- O.35 (proceedings at trial) shall apply.
Note:
- Discontinuance - a party to a probate action may
discontinue the action with leave of the court: O.72,
r.15
- Compromise of action: the parties to the probate
action may agree to a compromise and apply to the
court for leave to set down the action for trial: O.72,
r.16
2. Issuing a citation
(a) Citation to see proceedings (O. 72, r. 5)
- O.72, r.5(1): On the application of the P/any other
party who has pleaded in a probate action,
● a citation may be issued against
● any person not a party to the action who has an
adverse interest to the applicant
● notifying him that
● if he does not enter an appearance in the
action, judgment may be given therein without
further notice to him.
- O.72, r.5(2): Where a person on whom a citation
under this rule is served fails to enter an appearance in
the action,
● the party on whose application the citation was
issued shall not be entitled to be heard at the
trial of the action without the leave of the
Court unless he has filed an affidavit proving
due service of the citation on that person.
- O.72, r.6(2): Order 12, r.1, 2 & 3 (entry of
appearance to writ), shall apply by a person cited under
rule 5, as if -
(a) that person was a defendant; and
(b) the party at whose instance the citation was issued
were the plaintiff.
PROCEDURE
- O.72, .8(1): A citation under r.5 shall be issued out of
the Registry and shall be settled by the Court before it
is issued.
- O.72, r.8(2): Before such a citation is issued, an
affidavit verifying the statements of fact to be made in
the citation must be sworn by the person applying for it
to be issued:
- O.72, r.8(3): The issue of a citation takes place upon
its being sealed by an officer of the Registry.
- O.72, r.8(4): Without prejudice to O.62, r.5, a
citation under r.5 must be served personally on the
person cited.
(b) Citation to bring in grant (O. 72, r. 7)
- O.72, r.2(3): A writ beginning an action for the
revocation of GP/LA shall not be issued unless
● a citation under r.7 has been issued; or
● the probate / LA has been lodged in the
Registry
# if probate/LA has been lodged, no need to file
citation, can proceed to file a writ.
# if probate/LA not yet lodged in the Registry, must
apply for citation to bring in grant under rule 7.
- O.72, r.7: In an action for the revocation of GP/LA,
● a citation against
● the person to whom the GP/LA was granted
requiring him to bring into and leave at the
Registry the GP/LA,
● may be issued on the application of the P.
PROCEDURE
- O.72, r.8(1): A citation under r.7 shall be issued out
of the Registry and shall be settled by the Court before
it is issued.
- O.71, r.41(1): Every citation in one of the forms in
Form 167 shall be issued from the Registry.
- O.72, r.8(2): Before such a citation is issued, an
affidavit verifying the statements of fact to be made
in the citation must be sworn by the person applying
for it to be issued:
Provided that the Court may in special circumstances
allow the affidavit to be sworn by that person’s
solicitor.
- O.72, r.8(3): The issue of a citation takes place upon
its being sealed by an officer of the Registry.
- O.72, r.8(4): Without prejudice to O.62, r.5, a
citation under r.7 must be served personally on the
person cited.
- The P proceed to file a writ.
- Refer Form 167 – Citations (O.71, r.41)
3. Lodging a Caveat
- When a person lodges caveat, nobody can get a grant.
Its effect is to stop the court from granting LR.
- Any person who wishes to ensure that no grant is
made without notice to himself may enter a Caveat.
[O.71, r.37(7)]
- When a caveat is lodged, the matter changes from
non-contentious to contentious.
- No need to file writ, can commence by filing in
caveat.
- Anyone with interest can file in caveat, unlike writ.
For writ, only party to action with locus standi can file.
Mohamed Daud bin Haji Mohamed Tahir v
Habibah bte Badu Rahman [1959] MLJ 55 - Held
once the caveat lapsed through the failure of the
caveator to renew it within six months, the business in
respect of which that caveat was lodged automatically
ceases to be contentious. The provision of rule 55 of
the Rules for Non-Contentious Business in the
Supreme Court in its Probate Jurisdiction is that the
caveat shall expire and be of no effect. The defendants
having failed to keep an effective caveat in force are
precluded from opposing the grant of the letters of
administration.
# O.71 – originally for non-contentious proceeding.
- S.33 PAA: Any person having/claiming to have any
interest
● may at any time after the death of a deceased
person and
● before representation has been granted to his
estate,
● enter a general caveat in the prescribed
form,
● so that no representation shall be granted
without notice to the caveator; and
● after entry of any such caveat no
representation shall be made until the caveator
has been given opportunity to contest the right
of any petitioner to representation.
- The Caveator lodges a Caveat to inform the court not
to issue a grant of representation without his prior
notice.
- It stops/bar probate from going ahead because of a
dispute over
● who can apply for a grant of representation;
● whether a will exists
- This absolute bar on any proceedings in the face of
the caveat is emphasized by O.71 r.37(7) ROC which
in peremptory language states that “The Registrar must
not make any grant if he has knowledge of an effective
caveat in respect thereof”.
- The legal effect of a caveat is actually a notice to the
court not to allow proceedings to be taken without
notice to the caveator, and not merely as a notice to the
caveator.
Moran v Place (1896) 214 – Court explained that a - Refer Form 166 – Appearance to warning or
caveat is not a notice to any opponent in particular. It is citation (O.71, r.37)
a notice to the registrar/officer of the Court not to let
- If the Caveator enters appearance it is considered a
anything be done by anybody in the matter of the will,
contentious matter. HC has no jurisdiction to grant LA.
or the goods of the deceased, without notice to the
person who lodges the caveat. Fatimah Bee Alias Batcha Ammal v Mohideen
Batcha, Attorney of Shaik Dawood [1946] MLJ
PROCEDURE TO FILE A CAVEAT [O.71]
FMSR 112 - Held on appeal, that a contentious suit
- O.71, r.37(3): The Caveator must file a Caveat in had commenced as soon as appearance of the warning
Form 164 at the HC Registry. had been issued and that the Court had therefore no
jurisdiction to grant Letters of Administration on the
- O.71, r.37(2): When a caveat is entered, the Registrar
petition;
shall forward a copy of the caveat & give Notice in
Form 158 to the Registrar of the Principal Registry - Every contested matter shall be referred to a Judge
(RPR) - Putrajaya. who may:
- O.71, r.37(6): The RPR is duty bound to maintain an ● dispose of the matter in dispute in a summary
index of all caveats entered in all Registries. manner or
● direct that the provisions of Order 72 shall
- On receiving a notice of an application for a grant, he
apply [O.71 r.38(1)].
shall cause the index to be searched and shall notify
the appropriate Registrar or LA. - In order to remove the Caveat, both the Caveator and
the Person Warning must consent/agree to its removal.
- O.71, r.37(5): Once issued, the Caveat will remain in
place for a period of 6 months, until either removed - If no agreement can be reached, then Court
voluntarily by the person entering the caveat or proceedings has to be taken for its removal by way of
alternatively by an order of the Court. summary hearing or under O.72.
- It can be renewed after 6 months. - If the Caveator fails to enter an appearance, the
Caveat will be removed, and the Person Warning will
- Refer Form 164 – Caveat (O.71, r.37)
be able to apply for a grant.
- The Registrar will inform the person who has already
(ii) Caveator with NO contrary interest to that of
applied for a grant about the caveat.
the person warning
- O.71, r.37(8): If he wishes to challenge, he must
- have a period of 8 days to issue and serve a
issue a Warning to the Caveator.
Summons for Directions. [O.72, r.37(11)]
PROCEDURE TO CHALLENGE/ WARN A
CAVEAT
WITHDRAWAL OF CAVEAT
- Person interested/Caveatee (‘Person Warning’)
applies to the HC Registry to issue a Warning in - A Caveator may at any time withdraw his Caveat by
Form 165. The Warning must be served on the giving notice at the Registry – if he has not entered an
Caveator & the Registrar of the Principal Registry. appearance in Form 166. A copy of this Notice must
[O.71 r.37(8)] be served on the Registrar of the Principal Registry.
[O.72, r.37(9)]
- Once the warning is served:
- However, if he has been warned (warning has been
(i) Caveator with contrary interest (interested in
served), the Caveator must give notice of withdrawal
applying Grant for himself)
of the Caveat to the person warning. [O.72, r.37(9)]
- have a period of 8 days to enter an Appearance in
Form 166 specifying the grounds upon which the
Caveat had been entered. [O.71 r.37(10)]
- The Appearance must be sealed by the probate
registry before being served on the Person Warning &
the RPR. [O.71 r.37(10)]
- Refer Form 165 – Warning to caveator (O.71,
r.37)