What Is a Notice of Objection Against Probate in Alberta?
This answer covers the law of Alberta.
A notice of objection is not how you first stop a grant in Alberta; that is done with a caveat, and the notice of objection comes later as a response. A person may file a caveat against the issue of a grant, before or after an application is made. It is filed in Form C3, and the Court fee schedule lists the filing at $300.
Once a caveat is filed, anyone may still apply for a grant, but no further steps can be taken on the application until the caveat expires, is discharged or withdrawn, or is otherwise dealt with. A caveat stays in force for 3 months from filing unless discharged, withdrawn, or the Court orders otherwise. After it ends, the same caveator cannot file another on the same estate without the Court's permission.
If the applicant serves a warning in Form C4, the caveator has 10 days from service to file and serve a notice of objection in Form C9, and may apply to extend that time. A timely objection sends the matter into a contentious application; without one, the clerk discharges the caveat and the application continues.
Key takeaways
- A caveat in Form C3 is the step that holds up a grant, and a notice of objection comes later as a response.
- A caveat stays in force for 3 months from filing unless it is discharged, withdrawn or the Court orders otherwise.
- A caveator served with a Form C4 warning has 10 days to file and serve a Form C9 notice of objection, and may apply to extend that time.
- If no timely objection is filed, the clerk discharges the caveat and the grant application continues.