Augustine Paul JC:

Ye Sie Eng and Yeoh Hoon Siong ('the petitioners') filed a petition for probate of the estate of Yeow Chow Beng, deceased ('the testator') on 31 January 1997. The testator had died on 5 August 1996 after having executed a will on 24 April 1995 with the petitioners as his executrixes and trustees. The petition was supported by one of the attesting witnesses, Sekar s/o Palaniandy, advocate and solicitor, who deposed to the due execution of the will. On 12 June 1997 one Yeow Ho Huat ('the caveator') entered a caveat against the issue of the grant in favour of the petitioners on the ground that he is a beneficiary and trustee under the last will and testament of the testator executed on 10 September 1995.

A caveat is entered by a person to ensure that no grant is made without notice to himself. The entry of a caveat and the procedure to be followed after its entry is governed by O. 71 r. 37 of the Rules of the High Court 1980 which reads as follows:

(1) Any person who wishes to ensure that no grant is made without notice to himself may enter a caveat.

(2) When a caveat is entered, the Registrar must forward a copy of the caveat and give notice in Form 167 to the Registrar of the Principal Registry.

(3) Any person who wishes to enter a caveat (in this rule called "the caveator") may do so by filing the caveat in Form 173 in the Registry and obtaining an acknowledgement of entry from the proper officer, or by sending through the post at his own risk the caveat to the Registry.

(4) Where the caveat is entered by a solicitor on the caveator's behalf, the name of the caveator must be stated.

(5) Except as otherwise provided by this rule, a caveat shall remain in force for 6 months from the date on which it is entered and shall then cease to have effect, without prejudice to the entry of a further caveat or caveats.

(6) The Registrar of the Principal Registry shall maintain an index of caveats entered in all Registries and on receiving a notice of an application for a grant made in any Registry or to a Collector he shall cause the index to be searched and shall notify the appropriate Registrar or Collector in the event of a caveat having been entered against the sealing of a grant for which application has been made in the Registry or to the Collector.

(7) The Registrar must not make any grant if he has knowledge of an effective caveat in respect thereof: Provided that no caveat shall operate to prevent the making of a grant on the day on which the caveat is filed.

(8) A caveat may be warned by the issue from Registry of a warning in Form 174 at the instance of any person interested and, if he claims under a will, the date of the will, and must require the caveator to give particulars of any contrary interest which he may have in the estate of the deceased; and every warning or a copy thereof must be served on the caveator and the Registrar of the Principal Registry.

(9) A caveator who has not entered an appearance in Form 175 to a warning may at any time withdraw his caveat by giving notice at the Registry and serving a copy of it on the Registrar of the Principal Registry and the caveat shall thereupon cease to have effect and, if he has been warned, the caveator must give notice of withdrawal of the caveat to the person warning.

(10)A caveator having an interest contrary to that of the person warning may, within 8 days of service of the warning upon him inclusive of the day of such service, or at any time thereafter if no affidavit has been filed under paragraph (12), enter an appearance in Form 175 in the Registry, and must serve on the person warning and the Registrar of the Principal Registry a copy of it sealed with the seal of the Court.

(11) A caveator having no interest contrary to that of the person warning but wishing to show cause against the making of a grant to that person may within 8 days of service of the warning upon him inclusive of the day of such service, or at any time there