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The Non-Contentious Probate Rules 1987
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Changes and effects yet to be applied to Rule 32:
- Third Sch. inserted by S.I. 2020/1059 rule 3(4)
- rule. 32(1)(a)(iii) words inserted by S.I. 2005/3504 art. 4(a)
- rule. 32(1)(ab) inserted by S.I. 2005/3504 art. 4(b)
- rule. 32(1)(ba)(bb) inserted by S.I. 2005/3504 art. 4(c)
- rule 32(2) words inserted by S.I. 2020/1059 rule 4(3)(d)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Table of Contents words inserted by S.I. 1998/1903 rule 2(a) (This amendment not applied to legislation.gov.uk. The table of contents for this legislation will be dynamically updated when its provisions are revised)
- Table of Contents words inserted by S.I. 1998/1903 rule 2(b) (This amendment not applied to legislation.gov.uk. The table of contents for this legislation will be dynamically updated when its provisions are revised)
- Table of Contents words substituted by S.I. 2003/185 rule 4 (This amendment not applied to legislation.gov.uk. The table of contents for this legislation will be updated dynamically when its provision are revised)
- Sch. 1 Form 6 words inserted by S.I. 2005/2114 art. 2(6) Sch. 6 para. 2(5)
- Rules modified in part by S.I. 1991/2684 art. 4 5 Sch. 1
- rule 2A inserted by S.I. 2020/1059 rule 4(2)
- rule 3A inserted by S.I. 2020/1059 rule 2(1)
- rule 4(1A) inserted by S.I. 2017/1034 rule 2(1)
- rule 4(1A) words substituted by S.I. 2019/1057 rule 3
- rule 4A inserted by S.I. 2017/1034 rule 2(2)
- rule 4A omitted by S.I. 2020/1059 rule 3(3)
- rule 4A substituted by S.I. 2019/1057 rule 4
- rule 4A(2) omitted by S.I. 2018/1137 rule 3
- rule 5(9) inserted by S.I. 2016/972 rule 2(1)
- rule 5(9) substituted by S.I. 2018/1137 rule 4(5)
- rule 5(10) inserted by S.I. 2017/1034 rule 3(1)
- rule 5(10) substituted by S.I. 2018/1137 rule 4(6)
- rule 5A inserted by S.I. 2016/972 rule 2(2)
- rule 5A heading substituted by S.I. 2019/1057 rule 6
- rule 5A heading words substituted by S.I. 2018/1137 rule 6(2)
- rule 5A(2) words inserted by S.I. 2018/1137 rule 6(3)
- rule 5A(3)(b) omitted by S.I. 2018/1137 rule 6(4)
- rule 5A(4) omitted by S.I. 2018/1137 rule 6(4)
- rule 5B inserted by S.I. 2017/1034 rule 3(2)
- rule 5B omitted by S.I. 2018/1137 rule 7
- rule 5ZA inserted by S.I. 2018/1137 rule 5
- rule 5ZA(1) word substituted by S.I. 2019/1057 rule 5
- rule 8(1)(a)(b) and words substituted for words in rule 8(1) by S.I. 2018/1137 rule 8(3)
- rule 27(1)(1A) substituted for rule 27(1) by S.I. 1991/1876 rule 8(1)
- rule 27(1A) words omitted by S.I. 1998/1903 rule 7(1)
- rule 32(1)(a)(i) substituted by S.I. 2009/1893 rule 3
- rule 32(1)(b) word inserted by S.I. 1998/1903 rule 8(2)
- rule 32(1)(c) inserted by S.I. 1998/1903 rule 8(3)
- rule 32(1)(aa) inserted by S.I. 1998/1903 rule 8(1)
- reg. 32(1)(aa) words substituted by S.I. 2014/852 art. 3
- rule 37(2A) inserted by S.I. 1998/1903 rule 10
- rule 43(1)(a)-(c) and word substituted for words in rule 43(1) by S.I. 2018/1137 rule 13(2)
- rule 44(2)(b)(i)(ii) and word substituted for words in rule 44(2)(b) by S.I. 2018/1137 rule 14(2)
- rule 44(3)(a)(i)-(iii) and word substituted for words in rule 44(3)(a) by S.I. 2018/1137 rule 14(3)
- rule 44(15) inserted by S.I. 1998/1903 rule 11(3)
- rule 61(5)(6) inserted by S.I. 2018/1137 rule 17
- rule 62A inserted by S.I. 1998/1903 rule 14
- rule 65(3) inserted by S.I. 2003/185 rule 6
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 the parents of the minor jointly, or to the statutory or testamentary guardian, or to any guardian appointed by a court of competent jurisdiction; 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 registrar otherwise directs, be granted to the person entitled to the residuary estate.
(2) A registrar may by order assign any person as guardian of the minor, and such assigned guardian may 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 intended guardian shall file an affidavit in support of his application to be assigned.
(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 registrar otherwise directs, nominate any fit and proper person to act jointly with him in taking the grant.
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