Caveats/ Cautions

• Author: Karen Nunez-Tesheira
• Pages: 437-449

Caveats/Cautions /437

INTRODUCTION

Any person intending to oppose a grant of probate or administration may

do so by entering a caveat and in the case of Jamaica, with effect from

January 1, 2003, a caution in the Office of the Registry at any time

subsequent to the application for the grant of representation and prior to

the issue of the grant.3

WHY ENTER A CAVEAT/CAUTION

Among the usual purposes for entering a caveat/caution are:

•to give the caveator or cautioner, as he is referred to in Jamaica,

time to determine whether he has grounds for objecting to the

issue of a grant to some other person,

•as a preliminary step to commencing a probate action or the

issuing of citation proceedings, to give the caveator an

opportunity to apply to the court for an order that the surety/

sureties to an administration bond do justify (This is not

applicable to Jamaica as bonds are no longer required in respect

of applications made in the Supreme Court, pursuant to the

provision of Rule 68 CPR 2002).

•to permit a person with an equal right to letters of administration

as that of the applicant, to obtain the necessary order from the

court as to whom the grant should be made; and in

Barbados, Eastern Caribbean territories (save St Lucia)

Jamaica and The Bahamas

•to afford any person interested in the estate of the deceased named

therein, the opportunity to bring before the court any question

in respect of the application for the grant.4

24

Caveats1/Cautions2