Grants in respect of settled landI129

1

In this rule “settled land” means land vested in the deceased which was settled previously to his death and not by his will and which remained settled land notwithstanding his death.

2

The special executors in regard to settled land constituted by section 22 of the Administration of Estates Act 192511 shall have a prior right to a grant of probate limited to settled land.

3

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, namely—

i

the trustees of the settlement at the time of the application for the grant;

ii

the personal representatives of the deceased.

4

Where the persons entitled to a grant in respect of the free estate are also entitled to a grant of the same nature in respect of settled land, a grant expressly including the settled land may issue to them.

5

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.