Principle(s):

Where a caveator/Petitioner fails within 6 months to lodge fresh proceedings in respect to the Caveat lodged, both the caveat and the petition for probate/letters of administration lapses.

Brief facts:

In the proceedings before the High Court (Family Division), the plaintiff in this instant case was found to be the widow of the Late Hilberer Wolfgang Alexander Johannes, a German national who died on 10th September 2022.

She then lodged this suit for grant of letters of letters of administration in respect of the of the deceased’s estate but she was resisted by the defendant who lodged a caveat claiming to be the rightful widow to the deceased. The present suit is for removal of the caveat and for orders that letters of administration be granted to the plaintiff. 

The defendant did not appear at the scheduled hearing after substituted service. Thus, the case proceeded ex-parte under O.9 r.20(1)(a) of the Civil Procedure Rules.

Holding:

Court declared that the caveat lodged by the defendant objecting to the plaintiff’s petition for grant of letters of administration to the estate of the Late Hilber Wolfgang Alexander Johannes, dated 27 December 2022 having lapsed is hereby vacated.