The Non-Contentious Probate Rules 1987

Changes over time for: Section 44

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the The Non-Contentious Probate Rules 1987, Section 44.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

CaveatsE+W

44.—(1) Any person who wishes to show cause against the sealing of a grant may enter a caveat in any registry or sub-registry, and the [F1district judge or] registrar shall not allow any grant to be sealed (other than a grant ad colligenda bona or a grant under section 117 of the Act) if he has knowledge of an effective caveat; provided that no caveat shall prevent the sealing of a grant on the day on which the caveat is entered.

(2) Any person wishing to enter a caveat (in these Rules called “the caveator”), or a solicitor [F2or probate practitioner] on his behalf, may effect entry of a caveat—

(a)by completing Form 3 in the appropriate book at any registry or sub-registry; or

(b)[F3by—

(i)sending by post at the caveator’s own risk; or

(ii)sending by electronic means at the caveator’s own risk (paying the appropriate fee electronically) using an address provided for the purpose,]

a notice in Form 3 to any registry or sub-registry and the proper officer shall provide an acknowledgement of the entry of the caveat.

(3) (a) Except as otherwise provided by this rule or by rules 45 or 46, a caveat shall be effective for a period of six months from the date of entry thereof, and where a caveator wishes to extend the said period of six months, he or his solicitor [F4or probate practitioner] [F5may—

(i)lodge at;

(ii)send by post to; or

(ii)send by electronic means (paying the appropriate fee electronically) using an address provided for the purpose, to]

the registry or sub-registry at which the caveat was entered a written application for extension.

(b)An application for extension as aforesaid must be lodged, or received by post [F6or by electronic means], within the last month of the said period of six months, and the caveat shall thereupon (save as otherwise provided by this rule) be effective for an additional period of six months from the date on which it was due to expire.

(c)A caveat which has been extended as above may be further extended by the filing of a further application for extension subject to the same conditions as set out in sub-paragraph (b) above.

[F7(4) An index of caveats entered in any registry or sub-registry shall be maintained and upon receipt of an application for a grant, the registry or sub-registry at which the application is made shall cause a search of the index to be made and the appropriate district judge or registrar shall be notified of the entry of a caveat against the sealing of a grant for which the application has been made.]

(5) Any person claiming to have an interest in the estate may cause to be issued from the [F8nominated registry] a warning in Form 4 against the caveat, and the person warning shall state his interest in the estate of the deceased and shall require the caveator to give particulars of any contrary interest in the estate; and the warning or a copy thereof shall be served on the caveator forthwith.

(6) A caveator who has no interest contrary to that of the person warning, but who wishes to show cause against the sealing of a grant to that person, may within [F914] days of service of the warning upon him (inclusive of the day of such service), or at any time thereafter if no affidavit [F10or witness statement] has been filed under paragraph (12) below, issue and serve a summons for directions.

(7) On the hearing of any summons for directions under paragraph (6) above the [F11district judge or] registrar may give a direction for the caveat to cease to have effect.

(8) Any caveat in force when a summons for directions is issued shall remain in force until the summons has been disposed of unless a direction has been given under paragraph (7) above [F12or until it is withdrawn under paragraph (11) below].

(9) The issue of a summons under this rule shall be notified forthwith to the [F13nominated registry].

(10) A caveator having an interest contrary to that of the person warning may within [F1414] days of service of the warning upon him (inclusive of the day of such service) or at any time thereafter if no affidavit [F15or witness statement] has been filed under paragraph (12) below, enter an appearance in the [F16nominated registry] by filing Form 5 F17...; and he shall serve forthwith on the person warning a copy of Form 5 sealed with the seal of the court.

(11) A caveator who has not entered an appearance to a warning may at any time withdraw his caveat by giving notice at the registry or sub-registry at which it was entered, and the caveat shall thereupon cease to have effect; and, where the caveat has been so withdrawn, the caveator shall forthwith give notice of withdrawal to the person warning.

(12) If no appearance has been entered by the caveator or no summons has been issued by him under paragraph (6) of this rule, the person warning may at any time after [F1814] days of service of the warning upon the caveator (inclusive of the day of such service) file an affidavit [F19or a witness statement] in the [F20nominated registry] as to such service and the caveat shall thereupon cease to have effect provided that there is no pending summons under paragraph (6) of this rule.

(13) Unless a [F21district judge F22... a registrar] by order made on summons otherwise directs, any caveat in respect of which an appearance to a warning has been entered shall remain in force until the commencement of a probate action.

(14) Except with the leave of a [F23district judge] [F24or registrar], no further caveat may be entered by or on behalf of any caveator whose caveat is either in force or has ceased to have effect under paragraphs (7) or (12) of this rule or under rule 45(4) or rule 46(3).

[F25(15) In this rule, “nominated registry” means the registry nominated for the purpose of this rule by the senior district judge or in the absence of any such nomination the Leeds District Probate Registry.]

Textual Amendments

F1Words in rule 44(1) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)

F2Words in rule 44(2) inserted (14.9.1998) by The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 6

F3Rule 44(2)(b)(i)(ii) and word substituted for words in rule 44(2)(b) (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 14(2)

F4Words in rule 44(3)(a) inserted (14.9.1998) by The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 6

F5Rule 44(3)(a)(i)-(iii) and word substituted for words in rule 44(3)(a) (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 14(3)

F6Words in rule 44(3)(b) inserted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 14(4)

F7Rule 44(4) substituted (14.9.1998) by The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 11(1)

F8Words in rule 44(5) substituted (14.9.1998) by The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 11(2)

F9Word in rule 44(6) substituted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 14(5)

F10Words in rule 44(6) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(5)(b)

F11Words in rule 44(7) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)