CAP. 10]
[Subsidiary]
Non-Contentious Probate Rules
[1983 Ed.
2N231/90
Grants where infant co-executor
Grants in case of mental or physical incapacity.
(b) if there is no such guardian able and willing to act and the infant has attained the age of 16 years, 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.
(2) Any person nominated under sub-paragraph (b) of the last foregoing paragraph may represent any other infant whose next of kin he is, being an infant below the age of 16 years entitled in the same degree as the infant who made the nomination.
(3) Notwithstanding anything in this rule, administration for the use and benefit of the infant until he attains the age of 21 years 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) of this rule; and such an order may be made on application by the intended guardian, who shall file an affidavit in support of the application and, if required by the Registrar, an affidavit of fitness sworn by a responsible person.
(4) Where by virtue of section 25 of the Ordinance, 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 the foregoing provisions of this rule, administration may, unless the Registrar otherwise directs, be granted to such person jointly with any other person nominated by him as a fit and proper person to take the grant.
(5) Where an infant who is sole executor has no interest in the residuary estate of the deceased, administration for the use and benefit of the infant until he attains the age of 21 years shall, unless the Registrar otherwise directs, be granted to the person entitled to the residuary estate.
(6) An infant's right to administration may be renounced only by a person assigned as guardian under paragraph (3) of this rule and authorized to renounce by the Registrar.
32. (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 attaining the age of 21 years, and administration for the use and benefit of the infant until he attains the age of 21 years may be granted under rule 31 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 therefor.
(2) An infant executor's right to probate on attaining the age of 21 years may not be renounced by any person on his behalf.
33. (1) Where the Registrar is satisfied that a person entitled to a grant is by reason of mental or physical incapacity incapable of managing his affairs, administration for his use and benefit limited during his incapacity or in such other way may be granted-