Caveats and Citations

Question 1

What is a Caveat?

Answer 1

A Caveat is a written notice addressed to the Registrar that no grant should be sealed and/or issued in the particular estate without notice to the person entering the caveat (i.e. the Caveator).

Question 2

What information should be included in an unsworn affidavit in support of citation?

Answer 2

facts relevant to the case i.e. the details of the deceased, date and place of death, whether the deceased died with a Will, details of the Will, who has been appointed executor, efforts that have been made to have the grant applied for and the estate wound up.

Question 3

How is a Caveat lodged?

Answer 3

The Caveat is lodged by completing the appropriate form and lodging the same at the Registry. No specific interest of the Caveator is stated when the caveat is lodged

Question 4

What steps should the applicant take after being notified of a caveat?

Answer 4

Having been alerted to the caveat, the applicant for a grant may file a WARNING to the caveat – i.e. a prescribed notice, signed by the Registrar, calling on the caveator, within a certain time frame, to take one of two courses of action:

1. Where the caveator has an interest contrary to that of the person warning, the required action by the caveator is to: Enter an appearance to the warning
2. Where there is no interest contrary to that of person warning (e.g. both parties are entitled in the same degree to apply for the grant), but the caveator wishes to give grounds for opposing the grant to the other person the proper course is to issue and serve a summons for directions by the Registrar.

Question 5

What Rule allows for issuing Citations in Belize?

Answer 5

Administration of Estates Act

**Section 8 **
The court shall have power to summon any person named as executor in any will to prove or renounce probate of the will, and to do such other things concerning the will as have heretofore been customary

Question 6

What information should a WARNING include?

Answer 6

the person warning shall state his interest in the estate of the deceased and shall require the caveator to give particulars of any contrary interest in the estate; and the warning or a copy thereof shall be served on the caveator forthwith

Question 7

who may apply for Citation to be issued? and who may be cited?

Answer 7

A citation to accept or refuse a grant may be issued at the instance of any person who would himself be entitled to a grant in the event of the person cited renouncing his right thereto

Question 8

What steps should be taken after the citation is signed by the Registrar?

Answer 8

the citation will be signed by the Registrar, with copies being made available for service on the citee.

Once served, an affidavit of service must be filed with the Court confirming that service has taken place.

Question 9

Where the executor/citee, having intermeddled in the estate will be called on to give reasons why he should not be ordered to take probate.

Answer 9

Citation to take probate

Question 10

What types of Citations are there?

Answer 10

There are citations

• to accept/refuse a grant;
• to take probate; and
• to propound testamentary papers.

Question 11

What happens where appearance is entered/service acknowledged in a citation to accept/refuse grant?

Answer 11

The citee may proceed to apply for a grant to himself:

An application is made without notice, on affidavit evidence setting out the history of the matter, and verifying a willingness to apply for the relevant grant, notwithstanding the existence of the caveat and citation.

Once the order of the Registrar is secured, the citee then applies for the grant in the customary way, exhibiting the order of court.

Question 12

Give reasons why a person may lodge a caveat

Answer 12

1. As a preliminary step to the commencement of a probate action (contentious probate).
2. A person (e.g. family member) may be aware that an application for, say, probate, has been made by the executor of a Will; however, the family member may be the executor or beneficiary under another Will, and the question arises as to which documents constitutes the last Will.

etc.

Question 13

What happens if there is an answer to the WARNING?

Answer 13

In BELIZE, if appearance has been entered, an acknowledgement of service is to be filed.

Either the applicant for the grant, or the caveator, commences a probate action (contentious probate) to secure a court ruling as to who is entitled to a grant in the estate.

Question 14

What happens where appearance is entered/service acknowledged in a citation to take probate?

Answer 14

the citee may apply without notice for an order for a grant to himself, and then apply for the grant on the strength of the order.

Question 15

What should the caveator do after a caveat is lodged?

Answer 15

The applicant for the grant has to be notified of the filing in court of a caveat by service of a certified copy caveat on the applicant by the caveator.

Question 16

Rule ____ of ________ states that when any of the parties do not appear and answer (due proof of citation on them having been made) the proceedings may be heard and determined ex parte, or such further time given for appearance and on such terms as the Court may direct.

Answer 16

Rule 30 of Order LXIX

Question 17

What happens if there is no answer to a WARNING?

Answer 17

The warning is to be served on the caveator. If neither action required by the warning is taken by the caveator, within the time period specified e.g. 14 days, the way is cleared for the applicant to be given a grant.

Accordingly, he may file an Affidavit of Service of the warning (to show that opportunity was afforded to the caveator to pursue the challenge), and the caveat will cease to have effect. Once the court is satisfied, and the time period elapsed, a grant can be issued in the applicant’s favour.

Question 18

What Rule allows for the lodging of Caveats in Belize?

Answer 18

Order LXIX
Probate and Administration Non-Contentious Business

Rule 29. Caveats against the grant of probate or administration may be lodged in the office of the Registrar.

Question 19

What Rule in the UK Non Contentious Rules 1987 speaks to Caveats?

Answer 19

Rule 44

Question 20

This citation, inter alia, calls on the citee to file an acknowledgement of service/enter appearance within a limited time, and accept or refuse a grant of probate/LA.

The citation also alerts the citee that if he does not respond as indicated, then the way is cleared for the court to issue LA (with/without Will) to the citor, or some other interested party.

Answer 20

Citation to Accept/Refuse Probate or LA

Question 21

In a _______________________, if appearance is not entered or there’s no acknowledgement of service, as the case may be, then the citor is cleared to apply, without notice, for an order for a grant to himself.

Answer 21

citation to accept/refuse a grant

Question 22

Outline the procedure where a caveat is lodged and appearance entered by the caveator.

Answer 22

• Caveat is lodged
• Caveat is served on the Applicant
• Applicant having been notified, issues a warning to the caveator
• Caveator enters an appearance to the warning
• Appearance is served on the Applicant
• Applicant files an Acknowledgment of service
• Either the Applicant or the Caveator commences a probate claim to determine who is entitled to grant

Question 23

Where there is no interest contrary to that of person warning (e.g. both parties are entitled in the same degree to apply for the grant), but the caveator wishes to give grounds for opposing the grant to the other person, what should they do in response to the warning?
.

Answer 23

The proper course is for the caveator to ** issue and serve a summons for directions by the Registrar**

Question 24

What is the effective period of Caveat?

Answer 24

A caveat shall be effective for a period of six months from the date of entry thereof, and where a caveator wishes to extend the said period of six months, he or his solicitor may lodge at, or send by post to, the registry or sub-registry at which the caveat was entered a written application for extension.

It may be renewed.

Question 25

What Rule in the UK Non Contentious Rules 1987 speaks to Citations?

Answer 25

Rule 46

Question 26

What is proper service of a Citation?

Answer 26

Every citation shall be served personally on the person cited unless the registrar, on cause shown by affidavit, directs some other mode of service, which may include notice by advertisement.

Question 27

A caveat should be entered before issuing a citation. True or False?

Answer 27

True

Question 28

List ways in which a Caveat may be removed

Answer 28

1. non-appearance/default of acknowledgement of service;
2. withdrawal
3. discontinuance order of court.
4. Expiration of 6 months

Question 29

Outline the procedure where a caveat is lodged by a person with no contrary interest to the applicant.

Answer 29

• Caveat is lodged
• Caveat is served on the Applicant
• Applicant having been notified, issues a warning to the caveator
• Caveator issues summons for directions by the Registrar

Question 30

What is a Citation?

Answer 30

A Citation is an instrument issued from the High Court Registry:

1. setting out its purpose, and the interest of the person prompting its issue (the citor);
2. calling on the person cited (the citee) to enter an appearance or acknowledge service of the citation within a prescribed period, and take the steps indicated;
3. setting out the nature of the order the court is being invited to make, unless sufficient grounds to the contrary are shown.

Question 31

Rule ___ of ____________
states that Caveats against the grant of probate or administration may be lodged in the office of the Registrar.

Answer 31

Rule 29 of Order LXIX Probate and Administration Non-Contentious Business

Question 32

In a ___________________, if appearance is not entered/no acknowledgement of service, the citor applies for a court order requiring the citee to take the grant within a prescribed time, or for an order that the grant be made to the citor/interested party.

Answer 32

citation to take probate

Question 33

How is Citation proceedings commenced?

Answer 33

the general practice is commenced before the citation is issued as follows:

• a caveat is lodged in court to prevent the grant being sealed while citation proceedings are in train.
• citation is lodged in draft for settling by Registrar;
• an unsworn affidavit in support is given by the person issuing the citation, verifying the facts relevant to the particular case; This affidavit is only sworn after the draft citation has been settled.
• the Will (if any) must be lodged in the Registry, once same is available, unless the citor does not have possession and the Registrar dispenses with the need for it.

Once the documents are in order, then the citation will be signed by the Registrar, with copies being made available for service on the citee.

Question 34

Where the caveator has an interest contrary to that of the person warning, what should he do in response to the warning?

Answer 34

the required action by the caveator is to enter an appearance to the warning and serve on the person warning

Question 35

Outline the procedure where a caveat is lodged and there is non-appearance.

Answer 35

• Caveat is lodged
• Caveat is served on the Applicant
• Applicant having been notified, issues a warning to the caveator
• No appearance to the warning
• Applicant files Affidavit of Service
• Caveat is removed
• Applicant applies for a grant

Question 36

Outline the procedure or citation to take grant where the is non-appearance.

Answer 36

• Citation issued
• Citation served on Citee
• Non-appearance by Citee
• Citor applies for order requiring Citee to take grant within a prescribed time or for an order that the grant be made to the citor/interested party.

Question 37

Outline the procedure or citation to take grant where an appearance is filed.

Answer 37

• Citation issued
• Citation served on Citee
• Appearance by Citee
• Citee apply without notice for an order for grant to himself
• Citee applies for grant on strength of order

Question 38

Outline the procedure or citation to accept or refuse grant where the is non-appearance.

Answer 38

• Citation issued
• Citation served on Citee
• Non-appearance by Citee
• Citor applies for an order for a grant to himself
• Citor applies for grant attaching order

Question 39

Outline the procedure or citation to accept or refuse grant where an appearance is filed.

Answer 39

• Citation issued
• Citation served on Citee
• Appearance by Citee
• Citee apply without notice for an order for grant to himself
• Citee applies for grant on strength of order

Question 40

Where there is non-appearance in a citation to accept or refuse grant. What must be included in the application/affidavit for an order for a grant to the Citor?

Answer 40

The application has to be supported by affidavit evidence tracing the history of the matter, along with an affidavit of service, and such other evidence of inaction by the citee as the court may require. The court order is filed in support of the application for the relevant grant.