Rule 52 Exceptions to rule 51(2)(a)

(1)

For the purposes of rule 51(2)(a), the permission of the court is required to make any of the applications specified in this rule.

(2)

An application for the exercise of the jurisdiction of the court under section 54(2) of the Trustee Act 1925^f1, where the application is made by a person other than–

(a)

a person who has made an application for the appointment of a deputy;

(b)

a continuing trustee; or

(c)

any other person who, according to the practice of the Chancery Division, would have been entitled to make the application if it had been made in the High Court.

(3)

An application under section 36(9) of the Trustee Act 1925 for leave to appoint a new trustee in place of P, where the application is made by a person other than–

(a)

a co-trustee; or

(b)

another person with the power to appoint a new trustee.

(4)

An application seeking the exercise of the court’s jurisdiction under section 18(1)(b) (where the application relates to making a gift of P’s property), (h) or (i) of the Act, where the application is made by a person other than–

(a)

a person who has made an application for the appointment of a deputy;

(b)

a person who, under any known will of P or under his intestacy, may become entitled to any property of P or any interest in it;

(c)

a person who is an attorney appointed under an enduring power of attorney which has been registered in accordance with the Act or the regulations referred to in Schedule 4 to the Act;

(d)

a person who is a donee of a lasting power of attorney which has been registered in accordance with the Act; or

(e)

a person for whom P might be expected to provide if he had capacity to do so.

(5)

An application under section 20 of the Trusts of Land and Appointment of Trustees Act 1996^f2, where the application is made by a person other than a beneficiary under the trust or, if there is more than one, by both or all of them.

Annotations

Footnotes

f1: 1925 c. 19.
f2: 1996 c. 47.