TASIn ForceRegulation
Probate Rules 2017
81Grounds of caveator's objection
Start here
Get a plain-English read of 81
Turn the raw legal text into a practical explanation grounded in Probate Rules 2017.
### 81 Grounds of caveator's objection
> > (1) A statement, in an approved form, of the grounds of a caveator's objection to the issue of a grant in relation to a will, or a document intended to be a will, may include, but is not limited to, the following matters:
> >
> > > > (a) that there is a later will, or act of revocation of the will, and the date of that later will or revocation;
> > >
> > > > (b) that the will was not executed by the testator;
> > >
> > > > (c) that the will was not executed as required by law, specifying the relevant statutory provision;
> > >
> > > > (d) that the document of which the grant is being sought was not executed as required by law and was not known to and approved by the deceased to be his or her will;
> > >
> > > > (e) that the testator lacked testamentary capacity at the time of execution of the will;
> > >
> > > > (f) that the testator acted under undue influence, specifying the person exercising that influence.
>
> > (2) A statement, in an approved form, of the grounds of a caveator's objection to the issue of a grant upon intestacy may include, but is not limited to, the following matters:
> >
> > > > (a) that a will exists and the date of that will;
> > >
> > > > (b) that the applicant for the grant does not have the capacity or standing in the relationship in which he or she seeks the grant;
> > >
> > > > (c) that the caveator or some other person seeking the grant has a prior or equal entitlement to apply for the grant as set out in [rule 18](#GS18@EN) or [rule 19](#GS19@EN) , stating the nature of the entitlement;
> > >
> > > > (d) that the proposed administrator for the grant is disentitled to apply for the grant, including a statement as to the reason for the disentitlement.
>
> > (3) Unless the Court or a judge otherwise orders, the caveator may not rely on any ground of objection in relation to which notice has not been given in accordance with this rule.