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The Non-Contentious Probate Rules 1987
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Grants to trust corporations and other corporate bodiesE+W
36.—(1) An application for a grant to a trust corporation shall be made through one of its officers, and such officer [F1must state in the application] that the corporation is a trust corporation as defined by these Rules and that it has power to accept a grant.
(2) (a) Where the trust corporation is the holder of an official position, any officer whose name is included on a list filed with the [F2senior district judge] of persons authorised to make affidavits [F3or witness statements] and sign documents on behalf of the office holder may act as the officer through whom the holder of that official position applies for the grant.
(b)In all other cases a certified copy of the resolution of the trust corporation authorising the officer to make the application shall be lodged, or [F4the application must include a statement] that such certified copy has been filed with the [F2senior district judge], that the officer is therein identified by the position he holds, and that such resolution is still in force.
(3) A trust corporation may apply for administration otherwise than as a beneficiary or the attorney of some person, and on any such application there shall be lodged the consents of all persons entitled to a grant and of all persons interested in the residuary estate of the deceased save that the [F5district judge or] registrar may dispense with any such consents as aforesaid on such terms, if any, as he may think fit.
(4) (a) Subject to sub-paragraph (d) below, where a corporate body would, if an individual, be entitled to a grant but is not a trust corporation as defined by these Rules, administration for its use and benefit, limited until further representation be granted, may be made to its nominee or to its lawfully constituted attorney.
(b)A copy of the resolution appointing the nominee or the power of attorney (whichever is appropriate) shall be lodged, and such resolution or power of attorney shall be sealed by the corporate body, or be otherwise authenticated to the [F6district judge’s or] registrar’s satisfaction.
(c)The nominee or attorney [F7must state in the application] that the corporate body is not a trust corporation as defined by these Rules.
(d)The provisions of paragraph (4)(a) above shall not apply where a corporate body is appointed executor jointly with an individual unless the right of the individual has been cleared off.
Textual Amendments
F1Words in rule 36(1) substituted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 12(2)
F2Words in rule 36(2) substituted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(4)
F3Words in rule 36(2)(a) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(8)
F4Words in rule 36(2)(b) substituted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 12(3)
F5Words in rule 36(3) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)
F6Words in rule 36(4)(b) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(5)
F7Words in rule 36(4)(c) substituted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 12(2)
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