Clause 36

in section 4, replace subsection (2) with —“(2) Any person so cited may file a notice of intention to contest or not to contest the citation, but if he fails to file the notice within the time permitted, he shall be deemed to have renounced his right.”;

in section 4(3), replace “appeared” with “filed a notice of intention to contest”;

replace section 22 (including the sub‑heading above section 22) with —“Letters of administration in relation to persons lacking mental capacityPersons who lack mental capacity22.—

No probate or letters of administration are to be granted to a person who lacks mental capacity (within the meaning of the Mental Capacity Act 2008) to make decisions with respect to the management and administration of the person’s property and affairs.(2) Where any such person, if he or she did not lack mental capacity, would be entitled to probate or letters of administration, letters of administration with or without the will annexed may be granted to —

the person to whom the care of the estate of the person who lacks mental capacity has been lawfully committed; or

any other person that the court thinks fit,for the use and benefit of the person who lacks mental capacity, until that person ceases to lack mental capacity and obtains a grant to himself or herself.”; and

in section 39, replace “originating summons” with “originating application”.