Objections to and the right to a grant
Caveats

24.-(1) A caveat against a grant of probate or administration may be entered in the principal probate registry or in any probate registry.

(2) On a caveat being entered in a registry the probate registrar shall immediately send a copy thereof to the principal probate registry to be entered among the caveats in that registry.

(3) The principal probate registrar shall send a copy of caveats received from probate registries, other than the registry to which the application for a grant was made, to the latter registry.

(4) A caveat shall state the interest of the caveator in the estate of the deceased.

(5) No grant shall be made to an applicant after a caveat has been entered against his application unless-

(a) the caveator withdraws the caveat; or

(b) the caveator has for three months brought no action for administration; or

(c) the Court in an action between the applicant and the caveator orders a grant to issue to the applicant.

(6) A caveat shall be in Form 10 of Appendix A.

(7) A notice withdrawing a caveat may be filed either in the principal probate registry or in the probate registry where the application for a grant is made, and the registry receiving the notice of withdrawal shall send in a copy of such notice to the other.

Subsequent application only after disposal of first

25. No second or subsequent application for a grant shall be received by a probate registrar so long as the first application has not been disposed of, and the probate registrar shall inform a second or subsequent applicant that such applicant must proceed by entering a caveat against the first applicant.

When application is deemed to be disposed of

26. An application for grant is disposed of when such application is withdrawn or the probate registrar and (if the application is submitted for review) the Court have refused a grant.

Renunciation

27. The renunciation of an executor or an administrator with will annexed shall be in Form 11 of Appendix A.

Limited grants

28. Before making a limited grant, a probate registrar shall obtain the directions of the Court.

Grant to an attorney

29. In the case of a person residing out of Cyprus letters of administration, or letters of administration with will annexed, may be granted to his attorney acting under a power of attorney duly proved and filed in the Court.

Priority of right to grant

30. The priority of right to a grant of probate or letters of administration with will annexed shall be as follows:-

1. Executors.

2. Residuary legatees and devisees.

3. Legatees, devisees, creditors.

4. The Crown.

Priority to grant in intestacies

31. The priority of right to a grant of letters of administration where the deceased died wholly intestate shall be as follows:-

1. Husband or wife.

2. Children, or other issue of deceased taking per stirpes.

3. Father or mother.

4. Brothers and sisters of the whole blood, or the issue of deceased brothers and sisters of the whole blood, taking per stirpes.

5. Brothers and sisters- of the half blood, or the issue of deceased brothers and sisters of the half blood, taking per stirpes.

6. Grandparents.

7. Uncles and aunts of the whole blood, or the issue of deceased uncles and aunts of the whole blood, taking per stirpes. . "

8. Uncles and aunts of the half blood, or the issue of deceased- uncles and aunts of the half blood, taking per stirpes.

9. The Crown.

10. Creditors.

Advertising application for grant

32. The probate registrar, may require, before .probate or, administration is granted, that notice of the application be published in such newspapers as he may direct. The notice shall be in Form 13 of Appendix A and,, upon payment of the cost the advertisement shall be inserted by the probate registrar.

Clearing off prior rights to grant

33. Unless the Court because of special circumstances otherwise directs, any person having a prior right to a grant shall be preferred unless -

(a) he has renounced such right and such renunciation shall be in Form 11 or 12 of Appendix A as the case may be; or

(b) he has not, within seven days after service of notice upon him of the application for a grant, entered a caveat; or

(c) he is residing outside Cyprus or cannot be found.

Grants to guardians

34. Where an heir under disability would, if he were not under disability, be entitled to a grant, the probate, registrar shall –

(a) if the deceased was a Moslem, refer the matter to the Turkish Family Court; and

(b) in every other case, refer the matter to the Court, and the Turkish Family Court or the Court, as the case may be, shall appoint one or more guardians to whom a grant can be made.