24. Grants on behalf of infants (P. 6, r. 24)

Where the person to whom a grant would otherwise be made is an infant, administration for his or her use and benefit until he or she attains 21 years of age must, subject to paragraphs (3), (4) and (6), be granted —

to both parents of the infant jointly or to the statutory guardian or testamentary guardian of the infant or to any guardian appointed by a court of competent jurisdiction; or

if there is no such guardian able and willing to act and the infant has attained 16 years of age —

to any next‑of‑kin nominated by the infant; or

where the infant is a married woman, to any such next‑of‑kin or to her husband if nominated by her.

Any person nominated under paragraph (1)(b) may represent any other infant whose next‑of‑kin he or she is, being an infant below 16 years of age entitled in the same degree as the infant who made the nomination.

Despite this Rule, administration for the use and benefit of the infant until he or she attains 21 years of age may be granted to any person assigned as guardian by order of the Registrar in default of, or jointly with, or to the exclusion of, any such person as is mentioned in paragraph (1).

An order mentioned in paragraph (3) may be made on application by the intended guardian, who must file an affidavit in support of the application and, if required by the Registrar, an affidavit of fitness sworn by a responsible person.

Where by virtue of section 6, a grant is required to be made to not less than 2 administrators and there is only one person competent and willing to take a grant under paragraphs (1), (2) and (3), administration may, unless the Registrar otherwise directs, be granted to such person jointly with any other person nominated by him or her as a fit and proper person to take the grant.

An infant’s right to administration on attaining 21 years of age cannot be renounced by any person on his or her behalf.

Where the person to whom a grant would otherwise be made is an infant, administration for his or her use and benefit until he or she attains 21 years of age must, subject to paragraphs (3), (4) and (6), be granted —

to both parents of the infant jointly or to the statutory guardian or testamentary guardian of the infant or to any guardian appointed by a court of competent jurisdiction; or

if there is no such guardian able and willing to act and the infant has attained 16 years of age —

to any next‑of‑kin nominated by the infant; or

where the infant is a married woman, to any such next‑of‑kin or to her husband if nominated by her.

Any person nominated under paragraph (1)(b) may represent any other infant whose next‑of‑kin he or she is, being an infant below 16 years of age entitled in the same degree as the infant who made the nomination.

Despite this Rule, administration for the use and benefit of the infant until he or she attains 21 years of age may be granted to any person assigned as guardian by order of the Registrar in default of, or jointly with, or to the exclusion of, any such person as is mentioned in paragraph (1).

An order mentioned in paragraph (3) may be made on application by the intended guardian, who must file an affidavit in support of the application and, if required by the Registrar, an affidavit of fitness sworn by a responsible person.

Where by virtue of section 6, a grant is required to be made to not less than 2 administrators and there is only one person competent and willing to take a grant under paragraphs (1), (2) and (3), administration may, unless the Registrar otherwise directs, be granted to such person jointly with any other person nominated by him or her as a fit and proper person to take the grant.

An infant’s right to administration on attaining 21 years of age cannot be renounced by any person on his or her behalf.