Family Justice (Probate and Other Matters) Rules 2024 · As enacted · Part 6 · Non-Contentious Probate Proceedings
25. Grants where infant is co-executor (P. 6, r. 25)
Feedback & supportWhere one of 2 or more executors is an infant —
probate may be granted to the other executor or executors not under disability, with power reserved of making the like grant to the infant on his or her attaining 21 years of age; and
administration for the use and benefit of the infant until he or she attains 21 years of age may be granted under Rule 24 if and only if the executors who are not under disability renounce or, on being cited to accept or refuse a grant, fail to make an effective application for a grant.
An infant executor’s right to probate on attaining 21 years of age cannot be renounced by any person on his or her behalf.
Subregulation 1
Where one of 2 or more executors is an infant —
probate may be granted to the other executor or executors not under disability, with power reserved of making the like grant to the infant on his or her attaining 21 years of age; and
administration for the use and benefit of the infant until he or she attains 21 years of age may be granted under Rule 24 if and only if the executors who are not under disability renounce or, on being cited to accept or refuse a grant, fail to make an effective application for a grant.
Subregulation 2
An infant executor’s right to probate on attaining 21 years of age cannot be renounced by any person on his or her behalf.