# Intestates’ Estates Act 1952, Paragraph 6


(1) Where the surviving spouse or civil partner lacks capacity (within the meaning of the Mental Capacity Act 2005) to make a requirement or give a consent under this Schedule, the requirement or consent may be made or given by a deputy appointed by the Court of Protection with power in that respect or, if no deputy has that power, by that court.
(2) A requirement or consent made or given under this Schedule by a surviving husband or wifespouse or civil partner who is an infant shall be as valid and binding as it would be if he or she were of age; and, as respects an appropriation in pursuance of paragraph 1 of this Schedule, the provisions of section forty-one of the principal Act as to obtaining the consent of the infant’s parent or guardian, or of the court on behalf of the infant, shall not apply.

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Source: https://www.legislation.gov.uk/ukpga/Geo6and1Eliz2/15-16/64/schedule/SECOND/paragraph/6 (the official version)
Page: https://openlegislation.uk/intestates-estates-act-1952/schedule-SECOND/paragraph-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.