25Passing over person entitled to apply for grant due to incapacity

25 Passing over person entitled to apply for grant due to incapacity

(1)  This rule applies if –

(a) a person entitled to apply for a grant –

(i) is a person without capacity to consent, other than a minor; or

(ii) is, by reason of physical incapacity, incapable of managing his or her affairs and of performing the functions of a deceased's personal representative; and

(b) in the case of a grant of probate, or a grant of letters of administration with the will annexed, all beneficiaries to the will of the deceased agree that the person specified in paragraph (a) is incapable of performing the functions of a deceased's personal representative; and

(c) in the case of a grant of letters of administration upon intestacy, all persons having a beneficial interest in the estate of the deceased upon intestacy agree that the person specified in paragraph (a) is incapable of performing the functions of a deceased's personal representative; and

(d) all persons with lawful authority to administer the affairs of the person specified in paragraph (a) agree that such a person is incapable of performing the functions of a deceased's personal representative; and

(e) the applicant for the grant applies to the Registrar to pass over the entitlement to the grant of the person specified in paragraph (a) .

(2)  If subrule (1) applies, the applicant for the grant must, as part of the application for the grant –

(a) make an application for the entitlement of the person specified in subrule (1)(a) to the grant to be passed over due to incapacity; and

(b) file an affidavit, in an approved form, by a medical practitioner; and

(c) file consents, in an approved form, to the application for the grant, and to the passing over of the person entitled to the grant due to incapacity, from all persons referred to in subrule (1)(b) or (c) , whichever is relevant in the circumstances; and