(Substituted by Act 3 of 1957)
1026.
(1) The Registrar shall provide and keep at a convenient place in the Registry a Caveat Book in which all caveats filed under these provisions shall be entered.
(2) Any person intending to oppose the issuing of a grant of probate or letters of administration or to commence any proceedings under these provisions shall, either personally or by his or her attorney-at-law or attorney, enter a caveat in the Caveat Book.
1027.
(1) Every caveat shall bear the date of the day on which it is entered, the name and address of the person entering it and an address within one mile from the Registry at which any documents may be left for him or her.
(2) A caveat shall remain in force for the space of 6 months only and then expire and be of no effect; but it may be renewed from time to time before the issue of the probate or letters of administration.
1028. No grant of probate or letters of administration shall be sealed at any time if the Registrar has knowledge of an effective caveat.
1029.
(1) The person whose application for a grant is stopped by a caveat shall, if he or she desires to contest the caveat, issue a warning giving notice to the person entering the caveat to enter an appearance at the Registry within 6 days.
(2) A warning to a caveat may be issued whether papers to lead to a grant have been lodged or not.
(3) The warning to a caveat shall state:
(a) the name and interest of the party on whose behalf the same is issued, (and if such person claims under a will or codicil, the date of the will or codicil); and
(b) an address within one mile of the Registry at which any notice requiring service may be left.
(4) It shall be sufficient for the warning of a caveat that the Registrar send by the public post a warning signed by himself or herself and directed to the person who entered the caveat at the address mentioned in it.
1030.
(1) In order to clear off a caveat when no appearance has been entered to a warning duly served—
(a) an affidavit of the service of the warning, stating the manner of service, and an affidavit of search for appearances and of non-appearance, shall be filed; and
(b) the applicant for probate of a will or for letters of administration shall obtain from the Registrar a certificate of non-appearance and apply to a Judge for an order that he or she be at liberty to proceed with his or her application and that the person entering the caveat be debarred from entering any further caveat in respect of that application.
(2) Upon such order being granted the applicant for probate or letters of administration shall be at liberty to proceed with his or her application as if such caveat had not been entered.
(3) The Judge may, upon making such order, direct that the person entering such caveat pay to the applicant all reasonable costs incurred by him or her by reason of the caveat having been entered and such costs shall be recoverable by means of a writ of execution.
1031-1061. (Repealed by Act 3 of 1957)
1031.
(1) Notwithstanding the provisions of Article 608 of the Civil Code or of any other law, the Administrator General shall not be sued or be joined as a party in any proceedings in respect of any matter pertaining to the succession of any deceased person except with leave of the Court.
(2) Leave may be granted, on an application to the Court accompanied by:
(a) a copy of an advertisement in the Gazette and in one local newspaper requesting any person who has any interest as heir or otherwise in the property of the deceased to file within one month a notice to that effect in the Registry;
(b) an affidavit:
(i) containing the assets and liabilities of the deceased, and
(ii) deposing that no person has been identified as heir or representative of the heirs of the deceased or has appeared in response to the advertisement aforesaid.
(Inserted by Act 17 of 1991)