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Contents (1970 - 01)
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Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 29 June 2017 at 05:23)
Part 78 Division 8
Division 8 Proceedings for administration during minority
50   Administration during minority
(cf former Part 78, rule 29)
(1)  The Court may grant administration during minority, for the use and benefit of a minor, to any of the following:
(a)  the minor’s legal or testamentary guardian,
(b)  a guardian assigned in accordance with rule 51,
(c)  a guardian elected in accordance with rule 52.
(2)  A grant of administration during minority is subject to such limitations and conditions as the Court thinks fit.
51   Assigned guardian
(cf former Part 78, rule 31)
(1)  Any person may apply for an order assigning the person as a minor’s guardian for the purpose of applying for the grant of administration.
(2)  The application may be made:
(a)  except as provided by paragraph (b), by summons, or
(b)  if proceedings on an application for the grant of administration have already been commenced, by notice of motion in the proceedings,
and may be dealt with by the registrar in the absence of the public and without any attendance by or on behalf of any person.
(3)  There is to be no defendant in proceedings on a summons referred to in subrule (2) (a).
(4)  The application must be supported by evidence of:
(a)  the proposed guardian’s relationship, if any, to the minor, and
(b)  the proposed guardian’s fitness and appropriateness to act as the minor’s guardian.
52   Elected guardians
(cf former Part 78, rule 30)
(1)  A minor who is aged 16 years or more may elect a guardian for the purpose of applying for the grant of administration.
(2)  The elected guardian may also act for any other minor in the same family who is aged less than 16 years.
(3)  Despite the election of a guardian, the Court may grant administration to any person referred to in rule 50 (1) (a) or (b) whom it considers more appropriate or better fitted to act as the minor’s guardian.
(4)  An application for the grant of administration by a minor’s elected guardian must be supported by evidence of:
(a)  the minor’s election, and
(b)  the elected guardian’s fitness and appropriateness to act as the minor’s guardian.