# The Non-Contentious Probate Rules 1987, Rule 35: Grants in case of lack of mental capacity

Extent: E+W

(1) Unless a district judge or registrar otherwise directs, no grant shall be made under this rule unless all persons entitled in the same degree as the person who lacks capacity within the meaning of the Mental Capacity Act 2005 referred to in paragraph (2) below have been cleared off.
(2) Where a district judge or registrar is satisfied that a person entitled to a grant lacks capacity within the meaning of the Mental Capacity Act 2005 to manage his affairs, administration for his use and benefit, limited until further representation be granted or in such other way as the district judge or registrar may direct, may be granted in the following order of priority—
(a) to the person authorised by the Court of Protection to apply for a grant;
(b) where there is no person so authorised, to the lawful attorney of the person who lacks capacity within the meaning of the Mental Capacity Act 2005 acting under a registered enduring power of attorney or lasting power of attorney;
(c) where there is no such attorney entitled to act, or if the attorney shall renounce administration for the use and benefit of the person who lacks capacity within the meaning of the Mental Capacity Act 2005, to the person entitled to the residuary estate of the deceased.
(3) Where a grant is required to be made to not less than two administrators, and there is only one person competent and willing to take a grant under the foregoing provisions of this rule, administration may, unless a district judge or registrar otherwise directs, be granted to such person jointly with any other person nominated by him.
(4) Notwithstanding the foregoing provisions of this rule, administration for the use and benefit of the person who lacks capacity within the meaning of the Mental Capacity Act 2005 may be granted to such other person as the district judge or registrar may by order direct.
(5) Unless the applicant is the person authorised in paragraph (2)(a) above, notice of an intended application under this rule shall be given to the Court of Protection.

---
Source: https://www.legislation.gov.uk/uksi/1987/2024/rule/35 (the official version)
Page: https://openlegislation.uk/non-contentious-probate-rules-1987/rule-35
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.