2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

63.   Expiry of caveat

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    (1)   On the hearing of an application for directions, under rule 62(3), the Court may give a direction for the caveat to cease to have effect, but a caveat in force when the application for directions is issued shall remain in force until the application has been disposed of unless a direction has been given under rule 62(3).

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    (2)   A caveator who has not filed an acknowledgment of service to a warning may at any time withdraw his or her caveat by giving notice to the registry and the caveat ceases to have effect, and notice of the withdrawal shall be given by the caveator to the person warning the caveat.

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    (3)   If no acknowledgment of service is filed by the caveator or no notice of application for directions has been issued by him or her under rule 62(3), the person warning may at any time after 14 days of service of the warning upon the caveator, inclusive of the day of service, file an affidavit as to such service and the caveat ceases to have effect if there is no pending application for directions under rule 62(3).

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    (4)   Unless the Court otherwise by order directs, a caveat in respect of which an acknowledgment of service has been filed, shall remain in force until the commencement of a probate action.

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    (5)   Except with leave of the Court, no further caveat may be entered by or on behalf of a caveator whose caveat is either in force or has ceased to have effect under subrule (1) or (3) or under rule 64(2) or 65(11).