The Non-Contentious Probate (Amendment) Rules 1991

Grants in respect of settled land

9.  The following shall be substituted for rule 29:

“29.— (1) In this rule “settled land” means land vested in the deceased which was settled prior to his death and not by his will, and which remained settled land notwithstanding his death.

(2) The person or persons entitled to a grant of administration limited to settled land shall be determined in accordance with the following order of priority:

(i) the special executors in regard to settled land constituted by section 22 of the Administration of Estates Act 1925(1);

(ii) the trustees of the settlement at the time of the application for the grant; and

(iii) the personal representatives of the deceased.

(3) Where there is settled land and a grant is made in respect of the free estate only, the grant shall expressly exclude the settled land.”.

(1)

1925 c. 23.