15Reserving leave to apply for probate

### 15 Reserving leave to apply for probate > > (1)  Unless otherwise directed by the Court, a judge or the Registrar, a notice reserving leave to apply for probate at some later time will have the effect of reserving the entitlement of an executor of a deceased's estate to apply for probate if the notice is – > > > > > > (a) filed with the Court; and > > > > > > > (b) in an approved form. > > > (2)  A notice reserving leave filed under [subrule (1)](#GS15@Gs1@EN) need not be provided if the executor to whom leave may be reserved is – > > > > > > (a) a minor; or > > > > > > > (b) a person in relation to whom the Court or a judge has made an order to the effect that the person is temporarily incapable of performing the functions of an executor. > > > (3)  Unless [subrule (4)](#GS15@Gs4@EN) applies, a person – > > > > > > (a) who has reserved leave to apply for probate at some later time in accordance with [subrule (1)](#GS15@Gs1@EN) ; or > > > > > > > (b) is referred to in [subrule (2)(a)](#GS15@Gs2@Hpa@EN) or [(b)](#GS15@Gs2@Hpb@EN) ; or > > > > > > > (c) on whose behalf leave has been reserved in accordance with [rule 16(1)](#GS16@Gs1@EN)  – > > > > may apply for a grant in accordance with these Rules of Court. > > > (4)  If a person – > > > > > > (a) has reserved leave to apply for probate at some later time in accordance with [subrule (1)](#GS15@Gs1@EN) ; or > > > > > > > (b) is a person referred to in [subrule (2)(a)](#GS15@Gs2@Hpa@EN) or [(b)](#GS15@Gs2@Hpb@EN) ; or > > > > > > > (c) has had leave to apply for probate at some later time reserved in accordance with [rule 16(1)](#GS16@Gs1@EN) on his or her behalf – > > > > and there is a dispute as to that person's entitlement to apply for probate, such a person must apply to the Court or a judge for an order giving leave to the person to apply for probate.