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SUPREME COURT (ADMINISTRATION AND PROBATE) RULES 2014 (SR NO 10 OF 2014) - REG 8.06

Grounds of caveator's objection

    (1)     Where a grant is sought in relation to a will (including a document intended to be a will), the grounds of objection may be stated as follows—

        (a)     that there is a later will or act of revocation and the date of that will or act of revocation;

        (b)     that the will was not executed by the testator;

        (c)     that the will was not executed in conformity with the Wills Act 1958 or the Wills Act 1997 and specifying the relevant section;

        (d)     that the document of which probate is being sought—

              (i)     was not executed in conformity with the Wills Act 1958 or the Wills Act 1997 ; and

              (ii)     was not intended by the deceased to be his or her will;

        (e)     that the testator lacked testamentary capacity—

              (i)     during the period shortly before and at the time of execution;

              (ii)     existing before that period and due to insanity or imbecility of which the symptoms first manifested themselves at a date to be set out; or

        (f)     that the testator acted under undue influence specifying the person exercising that influence.

    (2)     Where a grant is sought as upon an intestacy, the grounds of objection may be stated as follows—

        (a)     that a will exists and the date of the will;

        (b)     that the applicant for the grant does not have the capacity or stand in the relationship in which the applicant seeks administration;

        (c)     that the caveator or some other person seeking administration has a better right, stating the nature of the right; or

        (d)     that the proposed administrator is disqualified, stating the reason for the disqualification.

    (3)     The caveator shall specify any ground of objection not included in those set out in paragraphs (1) and (2).

    (4)     Unless the Court otherwise orders, the caveator shall not rely on any ground of objection of which notice has not been given in accordance with this Rule.



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