The Non-Contentious Probate Rules 1987

Changes over time for: Section 32

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Point in time view as at 02/11/2020.

Changes to legislation:

There are currently no known outstanding effects for the The Non-Contentious Probate Rules 1987, Section 32.

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Grants on behalf of minorsE+W

32.—(1) Where a person to whom a grant would otherwise be made is a minor, administration for his use and benefit, limited until he attains the age of eighteen years, shall, unless otherwise directed, and subject to paragraph (2) of this rule, be granted to

[F1(a)a parent of the minor who has, or is deemed to have, parental responsibility for him in accordance with–

[F2(i)section 2(1), 2(1A), 2(2), 2(2A), 4 or 4ZA of the Children Act 1989,]

(ii)paragraph 4 or 6 of Schedule 14 to that Act, or

(iii)an adoption order within the meaning of section 12(1) of the Adoption Act 1976 [F3or section 46(1) of the Adoption and Children Act 2002], or

[F4(aa)a person who has, or is deemed to have, parental responsibility for the minor by virtue of section 12(2) of the Children Act 1989 where the court has made a [F5child arrangements order under section 8 of that Act which names that person as a person with whom the minor is to live]; or]

[F6(ab)a step-parent of the minor who has parental responsibility for him in accordance with section 4A of the Children Act 1989; or]

(b)a guardian of the minor who is appointed, or deemed to have been appointed, in accordance with section 5 of the Children Act 1989 or in accordance with paragraph 12, 13 or 14 of Schedule 14 to that Act]; [F7or]

[F8(ba)a special guardian of the minor who is appointed in accordance with section 14A of the Children Act 1989; or

(bb)an adoption agency which has parental responsibility for the minor by virtue of section 25(2) of the Adoption and Children Act 2002; or]

[F9(c)a local authority which has, or is deemed to have, parental responsibility for the minor by virtue of section 33(3) of the Children Act 1989 where the court has made a care order under section 31(1)(a) of that Act in respect of the minor and that local authority is designated in that order;]

provided that where the minor is sole executor and has no interest in the residuary estate of the deceased, administration for the use and benefit of the minor limited as aforesaid, shall, unless a [F10district judge or] registrar otherwise directs, be granted to the person entitled to the residuary estate.

[F11(2) A district judge or registrar may by order appoint a person to obtain administration for the use and benefit of the minor, limited as aforesaid, in default of, or jointly with, or to the exclusion of, any person mentioned in paragraph (1) of this rule; and the person intended shall file an affidavit [F12or a witness statement] in support of his application to be appointed.]

(3) Where there is only one person competent and willing to take a grant under the foregoing provisions of this rule, such person may, unless a [F13district judge or] registrar otherwise directs, nominate any fit and proper person to act jointly with him in taking the grant.

Textual Amendments

F1Words in rule 32(1) substituted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rule 1(1), 3

F2rule 32(1)(a)(i) substituted (1.9.2009) by The Non-Contentious Probate (Amendment) Rules 2009 (S.I. 2009/1893), rules 1, 3

F3Words in rule. 32(1)(a)(iii) inserted (30.12.2005) by The Adoption and Children Act 2002 (Consequential Amendments) Order 2005 (S.I. 2005/3504), arts. 1, 4(a)

F4Rule 32(1)(aa) inserted (14.9.1998) by The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 8(1)

F5Words in rule 32(1)(aa) substituted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 3

F6rule. 32(1)(ab) inserted (30.12.2005) by The Adoption and Children Act 2002 (Consequential Amendments) Order 2005 (S.I. 2005/3504), arts. 1, 4(b)

F7Word in rule 32(1)(b) inserted (14.9.1998) by The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 8(2)

F8rule. 32(1)(ba)(bb) inserted (30.12.2005) by The Adoption and Children Act 2002 (Consequential Amendments) Order 2005 (S.I. 2005/3504), arts. 1, 4(c)

F9Rule 32(1)(c) inserted (14.9.1998) by The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 8(3)

F10Words in rule 32(1) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)

F11Rule 32(2) substituted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 4