Rule 31 Grants to attorneysI1
England and Wales
Subject to paragraphs (2) and (3) below, the lawfully constituted attorney of a person entitled to a grant may apply for administration for the use and benefit of the donor, and such grant shall be limited until further representation be granted, or in such other way as the F1district judge or registrar may direct.
Where the donor referred to in paragraph (1) above is an executor, notice of the application shall be given to any other executor unless such notice is dispensed with by the F2district judge or registrar.
Where the donor referred to in paragraph (1) above lacks capacity within the meaning of the Mental Capacity Act 2005 (c.9) and the attorney is acting under an enduring power of attorney or lasting power of attorney, the application shall be made in accordance with rule 35.
Annotations
Textual amendments
- F1
Words in rule 31(1) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)
- F2
Words in rule 31(2) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)
- F3
Rule 31(3) substituted (1.10.2007) by The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007 (S.I. 2007/1898), art. 1, Sch. 1 para. 13(2)