Family Justice (Probate and Other Matters) Rules 2024 · As enacted · Part 6 · Non-Contentious Probate Proceedings
26. Grants in case of lack of mental capacity (P. 6, r. 26)
Feedback & supportWhere the Registrar is satisfied that a person entitled to a grant (called in this Rule the relevant person) lacks capacity (within the meaning of the Mental Capacity Act 2008) to make decisions with respect to the management and administration of his or her property and affairs, administration for the relevant person’s use and benefit, limited until the relevant person ceases to lack mental capacity and obtains a grant for himself or herself or in such other way as the Registrar may direct, may be granted —
to the person authorised by the Court to apply for a grant;
to the donee authorised to make decisions about the relevant person’s property and affairs under a lasting power of attorney; or
where there is no person so authorised, to such other person as the Registrar may by order direct.
Unless the Registrar otherwise directs, no grant of administration is to be made under paragraph (1) unless all persons entitled in the same degree as the relevant person have been cleared off.
The right of the relevant person to probate or administration when he or she regains capacity cannot be renounced by any person on his or her behalf.
Subregulation 1
Where the Registrar is satisfied that a person entitled to a grant (called in this Rule the relevant person) lacks capacity (within the meaning of the Mental Capacity Act 2008) to make decisions with respect to the management and administration of his or her property and affairs, administration for the relevant person’s use and benefit, limited until the relevant person ceases to lack mental capacity and obtains a grant for himself or herself or in such other way as the Registrar may direct, may be granted —
to the person authorised by the Court to apply for a grant;
to the donee authorised to make decisions about the relevant person’s property and affairs under a lasting power of attorney; or
where there is no person so authorised, to such other person as the Registrar may by order direct.
Subregulation 2
Unless the Registrar otherwise directs, no grant of administration is to be made under paragraph (1) unless all persons entitled in the same degree as the relevant person have been cleared off.
Subregulation 3
The right of the relevant person to probate or administration when he or she regains capacity cannot be renounced by any person on his or her behalf.