QLD Request the Commencement of Proceedings on a Caveat?

[7and3]

My mother has received a caveat on her property that was left to her in a will. Long lost family members put the caveat on the property during this holiday break making it hard to get any advice.

The grounds of their claim is going to be hard for them to prove as it is untrue, so I thought that it might be an idea to serve a request that they commence their intended proceedings, which then gives them 14 days rather than 3 months to make a claim with the courts.

Is this something that is advised or not?

We have until 4th January to do so as my mother only got the caveat by post on 29th Dec due to the holidays by it is dated 20th Dec.

 

[Jemma]

Lodge a lapsing notice

 

[7and3]

Thanks Jemma,

I originally misunderstood regards lodging a lapsing notice and have since found out this can be done at any times.
Additionally there are mixed thoughts regards issuing one as some say just wait and some suggest lodge.

Might I ask why you feel lodging is the better option.

Thanks so much.

Regards

 

[Rob Legat - SBPL]

Lodging on starts a much shorter time period to getting rid of the caveat. It also puts the Registrar on notice that something is going on, meaning the Titles Office is more likely to be quick about clearing it up.