Succession Act 1965 section 38

Caveats

Section 38 deals with the procedure for entering a caveat β€” a formal objection β€” to prevent a grant of probate or administration from being issued.

  • A caveat is a formal notice that temporarily blocks the issuing of a grant of probate or letters of administration.
  • A caveat may be entered either in the Probate Office or in any district probate registry.
  • Where a caveat is entered in a district probate registry, the district probate registrar must immediately forward a copy to the Probate Office.
  • The Probate Office maintains a central record of all caveats, ensuring that no grant is made while a valid caveat is in place.

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