(1) Unless otherwise ordered by the Court, a judge or the Registrar, if a minor –
(a) is appointed sole executor under a will; or
(b) is appointed executor under a will and no other executor applies for probate; or
(c) is entitled to apply for letters of administration with the will annexed; or
(d) is entitled to apply for letters of administration upon intestacy –
the Court, a judge or the Registrar may grant letters of administration with the will annexed, or letters of administration upon intestacy, to another person under subrule (2) , subject to such limitations and conditions as the Court, a judge or the Registrar thinks fit.
(2) A grant made under subrule (1) must be issued to –
(a) a trust corporation; or
(b) no fewer than two persons, each of whom must be –
(i) the guardian of the minor, including a statutory or testamentary guardian; or
(ii) another guardian of the minor appointed by a court of competent jurisdiction; or
(iii) a person or persons considered suitable by the Court, a judge or the Registrar.
(3) An application for a grant in accordance with subrule (1) must be determined by a Court or a judge if –
(a) any necessary consent is not provided in accordance with this rule; or
(b) the question of who is to be guardian is in dispute; or
(c) if the Registrar is unable to order the issue of a grant because of one of the circumstances indicated in rule 6 ; or
(d) if the Registrar is of the view that the matter is to be determined by the Court or a judge.
(a) sole executor in relation to an estate of the deceased; and
(b) not a beneficiary in relation to the residuary estate of that deceased –
a grant made under subrule (1) in respect of the minor and the estate –
(c) is to be issued to the person or persons entitled to apply for letters of administration with the will annexed in accordance with the order of priority set out in rule 18 ; and
(d) is only to have duration until the minor is an adult –
unless the Court, a judge or the Registrar otherwise directs.
(5) Despite subrules (2) and (3) , the Court, a judge or the Registrar may assign any person to be guardian for the purpose of a grant in accordance with this rule in default of, jointly with or to the exclusion of any person mentioned in subrule (2)(a) or (b) .
(6) A minor's entitlement to apply for a grant under these Rules of Court may not be renounced by a guardian of the minor unless the guardian has been expressly authorised to renounce by the Court, a judge or the Registrar.
(7) Unless otherwise directed by the Court, a judge or the Registrar, an application for a grant during minority must –
(a) state that the application is made for the grant for the use and benefit of the minor and subject to any limitations and conditions that the Court, a judge or the Registrar thinks fit; and
(b) give particulars of the relationship of the applicant to the minor.
(8) When the minor attains majority, the Court, a judge or the Registrar may, on that person's application, order the issue of a grant to that person.