Challenging a caveat for its removal by the Court
Selected cases to draw upon when applying to the Court for the removal of a caveat. Is the basis of the caveat even valid? Have the correct Court procedures been followed? Learn from previous cases.
Cases of particular note
HAYDEN -v- BOND
[2003] WASC 96
Caveat raised by children of the deceased, challenging the validity of the will that excluded them as beneficiaries on the basis that the deceased was an alcoholic.
Probate - application under s. 64 Administration Act 1903 (WA) to remove caveat circumstances in which a caveat may be removed.
Capacity of the testatrix - claims concerning the capacity of the testatrix involving alcoholism.
Undue influence - testatrix's husband considered to the be the dominant partner in their relationship.
After consideration of the claims and the determination that they do not amount to invalidating the deceased's will - which was executed in line with the requirements of the Wills Act, made by the deceased with competent understanding, with insufficient evidence to warrant an inquiry into whether the deceased was of sound mind when she made the will, or whether the will was made under undue influence exercised by her late husband.
The Court therefore determined that there was not due cause for the caveat and ruled in favour of the plaintiff and ordered the removal of the caveat.
DE BRUIN -v- DE BRUIN
[2004] WASC 20
Caveat raised based on claims of influencing the deceased's will and further claims of fraudulent activity by the executor seeking probate.
Probate - application under s. 64 Administration Act 1903 (WA) to remove caveat circumstances in which a caveat may be removed.
Undue influence - whether sufficient grounds exist to support plea of undue influence.
Fraud - whether sufficient grounds exist to support plea of fraud.
No basis upon which the caveat may be maintained. It must be regarded as vexatious for the purpose of this application. Caveat removed by the court.
RE GWENNETH JOYCE HUNTER;
EX PARTE FUREY
[2017] WASC 22
Application made to the Court to extend a caveat raised against a grant of probate by a further 6 months by the caveator, who did not consent to her brother applying for letters of administration.
Probate and administration - under s. 64 Administration Act 1903 (WA).
Caveat - application to extend and grounds for standing.
"A caveat is not a tool to frustrate the granting of administration to an
entitled applicant. Much less is it a mechanism for ventilating family
hostilities."
