Suretics on resealing.
Foto 16.
Application
for leave to
&L
guarantec.
Application
for grant to be Supported by documents required under the Estate Dury Ordin-
'QOTE
( 113
Caveats.
Farot 17.
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41. On an application for the resealing of a grant of adminis- tration under Part IV of the Ordinance-
(a) the Registrar shall not require sureties under section 46 of the Ordinance as a condition of sealing the grant except where it appears to him that the grant is made to a person or for a purpose mentioned in paragraphs (a) to (f) of rule 38(1) or except where he considers that there are special circumstances making it desirable to require sureties;
(b) rules 5(4) and 38(2), (4), (5) and (6) shall apply with any
necessary modifications; and
(c) a guarantee entered into by a surety for the purposes of
the said section 46 shall be in Form 16.
41A. An application for leave under section 47(2) of the Ordinance to sue a surely on a guarantee given for the purposes of section 46 of the Ordinance shall, unless the Registrar other- wise directs under rule 60, be made by summons to the Registrar, and notice of the application shall in any event be served on the administrator, the surety and any co-surety.
43. Every application for a grant shall be supported by such documents as may be required under the Estate Duty Ordinance.
44. (1) Any person who wishes to ensure that no grant is sealed without notice to himself may enter a caveat in the Registry.
(2) Any person who wishes to enter a caveat (in this rule called "the caveator") may do so by completing Form 17 in the appropriate book at the Registry and obtaining an acknowledg ment of entry from the proper officer, or by sending through the post at his own risk a notice in Form 17 addressed to the Registrar.
(3) Where the caveat is entered by a solicitor on the caveator's behalf, the name of the caveator shall be stated in Form 17,
(4) Except as otherwise provided by this rule, a caveat shall remain in force for six months from the date on which it is entered
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and shall then cease to have effect, without prejudice to the entry of a further caveat or caveats.
(5) The Registrar sbali maintain an index of caveats entered in the Registry and on receiving an application for a grant, he shall cause the index to be searched.
(6) The Registrar shall again cause the index to be searched before he shall allow any grant to be sealed and shall not allow any grant to be scaled if there is an effective caveat in respect thereof:
Provided that no caveat shall operate to prevent the sealing of a grant on the day on which the caveat is catered.
(7) A caveat may be warned by the issue from the Registry of a warning in Form 18 at the instance of any person interested (in this rule called "the person warning") which shall state his interest and, if he claims under a will, the date of the will, and shall require the caveator to give particulars of any contrary in- terest which he may have in the estate of the deceased; and every warning shall be served on the caveator.
(8) A caveator who has not entered an appearance to a warning may at any time withdraw his caveat by giving notice at the Registry and the caveat shall thereupon cease to have effect and, if it has been warned, the caveator shall forthwith give notice of withdrawal of the caveat to the person warning.
(9) A caveator having an interest contrary to that of the person warning may, within eight days of service of the warning upon him inclusive of the day of such service, or at any time thereafter if no affidavit has been filed under paragraph (1) of this rule, enter an appearance in the Registry by filing Form 19 and making an entry in the appropriate book, and shall forthwith thereafter serve on the person warning a copy of Form 19 sealed with the seal of the court.
(10) A caveator having no interest contrary to that of the person warning but wishing to show cause against the scaling of a grant to that person may, within eight days of service of the warning upon him inclusive of the day of such service, or at any time thereafter if no affidavit has been filed under paragraph (11) of this rule, enter an appearance to the warning and issue and serve a summons for directions, which shall be returnable before the Registrar.
(11) If the time limited for appearance has expired and the caveator has not entered an appearance, the person warning may file in the Registry an affidavit showing that the warning was duly
Form 18.
Form 19.