61Service on persons under legal incapacity

#### 61 Service on persons under legal incapacity 61 Service on persons under legal incapacity (cf former Part 78, rule 58) > > (1) Service on a person under legal incapacity of a notice under this Division is to be effected in accordance with this rule. > > > (2) The notice may be served— > > > > > (a) if the person has a tutor, on the tutor, or > > > > > (b) if the person has no tutor, on someone with whom the person resides or in whose care the person is. > > > (3) If the person to be served is a minor, the notice may also be served— > > > > > (a) on the minor, but only if he or she is aged 16 years or more and is under legal incapacity by reason only of minority, or > > > > > (b) on a parent of the minor, or > > > > > (c) on a guardian of the minor’s person or estate. > > > (4) The notice may also be served on any person (including the person under legal incapacity) whom the Court may, before or after the service, approve. > > > (5) Service of the notice on a person under legal incapacity who has no tutor does not take effect until a tutor is appointed.