Probate and Administration Act 1934 · 2020 Revised Edition · Part 3 · Grant of Probate or Letters of Administration
22. Persons who lack mental capacity
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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.
probate
“probate” means a grant under the seal of the court issuing the same, authorising the executor or executors expressly or impliedly appointed by a testator’s will, or one or more of them, to administer the testator’s estate in compliance with the directions contained in his will, and in accordance with law;
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 —
letters of administration
“letters of administration” means a grant under the seal of the court issuing the same, authorising the person or persons therein named to administer an intestate’s estate in accordance with law;
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.