37. Effect of caveat, etc., upon commencement of probate action (P. 6, r. 37)

Unless the Registrar by order made on summons otherwise directs —

any caveat in force at the commencement of proceedings by way of citation, unless withdrawn, remains in force until an application for a grant is made by the person shown to be entitled to the grant by the decision of the Court in such proceedings, and upon such application any caveat entered by a party who had notice of the proceedings ceases to have effect;

any caveat in respect of which a summons for directions has been issued remains in force until the commencement of a probate action or the making of an order for the caveat to cease to have effect; and

the commencement of a probate action, whether or not any caveat has been entered, operates to prevent the sealing of a grant (other than a grant under section 20) until an application for a grant is made by the person shown to be entitled to the grant by the decision of the Court in such action, and upon such application any caveat entered by a party who had notice of the action, or by a caveator who was given notice under Rule 36, ceases to have effect.