What Is a Notice of Objection (Caveat) in an Alberta Estate?
This answer covers the law of Alberta.
In Alberta, what people call a notice of objection to stop a grant is really a caveat. You can file one against the issue of a grant, before or after someone applies, using Form C3. The Court fee schedule lists filing a caveat in surrogate matters at $300.
A caveat does not stop anyone from applying, but once it is filed no further proceedings may be taken on the grant application until the caveat expires, is discharged or withdrawn, or is otherwise dealt with under the Rules. It stays in force for 3 months from the date it is filed unless it is discharged, withdrawn, or the Court orders otherwise.
The person applying for the grant can serve a warning in Form C4. If you filed the caveat and are served with a Form C4 warning, you have 10 days from being served to file and serve a notice of objection in Form C9, and you may apply to extend that time; if no timely objection is filed, the clerk discharges the caveat. The applicant can also ask the Court to find a caveat frivolous or vexatious, and the Court may discharge it and award costs against the caveator. A lawyer can confirm which step suits your situation.
Key takeaways
- A caveat is filed in Form C3 against the issue of a grant, and it can be filed before or after an application is made.
- Anyone can still apply for a grant despite a caveat, but no further proceedings can be taken on the application while the caveat is in force.
- A caveat lasts 3 months from the date it is filed unless it is discharged, withdrawn, or the Court orders otherwise.
- After a caveat ends, the same person cannot file another on the same estate without the Court's permission.