Regulation 37
Effect of caveat, etc., upon commencement of probate action (P. 6, r. 37)
of Family Justice (Probate and Other Matters) Rules 2024
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any caveat in force at the commencement of proceedings by way of citation, unless withdrawn, remains in force until an application for a grant is made by the person shown to be entitled to the grant by the decision of the Court in such proceedings,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.