How do you enter a caveat?

How do you enter a caveat?

A caveat can be entered by email (if the fee is paid by use of a PBA account), by post or in person at any Probate Registry. There is a caveat application form PA8A, but the request can also be made without the form so long as it is made in writing with the following: A request that a caveat be entered.

What is the legal meaning of caveat?

let a person beware
The caveat is generally a Latin phrase which means ‘let a person beware’. In law, it is a formal notice where the person is always intimated before any legal actions are taken against him or her.

What to do if a caveat is not complied with?

Initiate proceedings in a court of competent jurisdiction to establish the interest claimed under the caveat within 3 months of the lodgment of the caveat; and Notify the Registrar within 13 months that proceedings have been started. If the caveator does not comply with both requirements, the caveat lapses.

How long does a caveat stay in place?

The person applying for the caveat is known as the caveator. How long does the caveat remain in place? The Caveat remains in force from six months from the date it is entered. In the month before it is due to expire, an application to extend it for a further period of six months can be made. A further court fee being required.

What do you need to know to lodge a caveat?

Prior to a caveat being accepted for lodgement, the person lodging the caveat must be able to demonstrate that they have a “caveatable interest” in that property.

What can you do with a caveat in Australia?

If you are seeking to restrain dealings in a property, one option is to seek an interim injunction in the Supreme Court of Australia, restraining dealings with the property. A copy of the injunction can then be lodged with the caveat to support the caveat. With an injunction supporting the caveat, the caveat will not lapse.

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