60Grant during incapacity other than minority

### 60 Grant during incapacity other than minority > > (1)  If a person who would otherwise be entitled to apply for a grant is incapable of performing the functions of an executor or administrator of the estate of the deceased due to being a person without capacity to consent, other than a minor, the Court or a judge may order the issue of a grant to a suitable person for the duration of the incapacity. > > > (2)  A grant made in accordance with this rule is to be subject to such limitations and conditions as the Court or the judge thinks fit. > > > (3)  Unless otherwise directed by the Court or the judge, an application for a grant during incapacity must – > > > > > > (a) state that the application is made for the grant for the use and benefit of the incapacitated person during his or her incapacity and subject to any limitations and conditions the Court or the judge thinks fit; and > > > > > > > (b) give particulars of the applicant's relationship to the incapacitated person; and > > > > > > > (c) provide any further information or material as directed by the Court or the judge. > > > (4)  The applicant must – > > > > > > (a) file affidavit evidence that the executor is incapable of performing the functions of an executor; and > > > > > > > (b) file consents to the application by whomever is relevant of – > > > > > > > > > > (i) all beneficiaries to the will; and > > > > > > > > > > > (ii) all persons having an interest in the estate of the deceased upon intestacy; and > > > > > > > (c) annex a sealed copy or a Registry-certified copy of any relevant order to the affidavit supporting the application. > > > (5)  An affidavit under [subrule (4)(a)](#GS60@Gs4@Hpa@EN) must be made by a medical practitioner familiar with – > > > > > > (a) the mental or physical health of the person referred to in [subrule (1)](#GS60@Gs1@EN) ; and > > > > > > > (b) the extent of any relevant incapacities of that person; and > > > > > > > (c) the likely duration of any relevant incapacities of that person. > > > (6)  If the person who is the subject of the incapacity recovers from his or her incapacity, the Court or a judge may, irrespective of who obtained the original grant, on that person's application, order the issue of a grant to that person.